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Law Department Approved Tracking #10 -41576
<br />18. Licensee's on -site supervisions shall retain /maintain a fully executed copy of this
<br />License at all times while on the Premises.
<br />LIABILITY
<br />19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL
<br />RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND
<br />LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS,
<br />ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS,
<br />SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY,
<br />"INDEMNITEES ") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,
<br />LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS,
<br />CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES
<br />(INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES
<br />AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND
<br />GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE
<br />(COLLECTIVELY "LIABILITIES ") OF ANY NATURE, KIND OR DESCRIPTION
<br />OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT
<br />OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART):
<br />(i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS
<br />ENVIRONMENTAL PROVISIONS,
<br />(ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS
<br />LICENSE,
<br />(iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
<br />(iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE
<br />PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR
<br />(v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S
<br />OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS,
<br />OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF
<br />THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL
<br />OVER,
<br />EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN
<br />WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY
<br />LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO
<br />INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO
<br />THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR
<br />WILLFUL MISCONDUCT OF AN INDEMNITEE.
<br />(b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW,
<br />NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL
<br />NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS
<br />WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR
<br />OTHERWISE, THAT RAILROAD IS AN "OWNER ", "OPERATOR ",
<br />"ARRANGER ", OR "TRANSPORTER" WITH RESPECT TO THE PIPELINE
<br />-6 -
<br />Form 424; Rev. 04/26/05
<br />
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