|
13. In the event Licensee herein consists of two or more parties, all the covenants
<br />and agreements of Licensee herein contained shall constitute the joint and several covenants and
<br />agreements of such parties.
<br />14. This license may be terminated by either party hereto upon one (1) month's
<br />notice in writing to be served upon the other party, stating therein the day of the month that such
<br />termination will take place; and upon the expiration of the time specified in such notice this
<br />license, and all rights and privileges of Licensee thereunder, shall absolutely cease. This license
<br />shall terminate in any event immediately upon the death of the Licensee, if the sole Licensee is
<br />an individual.
<br />15. This license shall be binding upon and inure to the benefit of the parties and
<br />their respective legal representatives, successors and assigns; provided, however, no assignment
<br />hereof by Licensee, Licensee's legal representatives, successors or assigns, nor any subsequent
<br />assignee, shall be binding upon Santa Fe without the written consent of Santa Fe in each
<br />instance, and at the option of Santa Fe this license shall be forfeited by any such voluntary
<br />assignment or by any assignment thereof by operation of law.
<br />16. Notwithstanding any other provisions of this license, Licensee shall comply
<br />with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as
<br />"Standards"), issued by any federal, state or local governmental body or agency established
<br />thereby (hereinafter referred to as "Authority"), relating to Licensee's use of Santa Fe's property
<br />hereunder. In its use of the premises, Licensee shall at all times be in full compliance with all
<br />Standards, present or future, set by any Authority, including, but not limited to, Standards
<br />concerning air quality, water quality, noise, hazardous substances and hazardous waste. In the
<br />event Licensee fails to be in full compliance with Standards set by any Authority, Santa Fe may,
<br />after giving reasonable notice of the failure to Licensee, and Licensee, within thirty (30) days
<br />of such notice, fails either to correct such non-compliance or to give written notice to the
<br />Santa Fe of its intent to contest the allegation of non-compliance before the Authority
<br />establishing the Standard or in any other proper forum, take whatever action is necessary to
<br />protect the premises and Santa Fe's railroad and other adjacent property. Licensee shall
<br />reimburse the Santa Fe for all costs (including but not limited to, consulting, engineering,
<br />clean-up and disposal costs, and legal costs) incurred by the Santa Fe in complying with such
<br />Standards, and also such costs incurred by the Santa Fe in abating a violation of such Standards,
<br />protecting against a threatened violation of such Standards, defending any claim of violation of
<br />such Standards in any proceeding before any Authority or court, and paying any fines or
<br />penalties imposed for such violations. Licensee shall assume liability for and shall save and hold
<br />harmless the Santa Fe from any claim of a violation of such Standards regardless of the nature
<br />thereof or the Authority or person asserting such claim, which results from Licensee's use of
<br />Santa Fe's premises, whether such claim arises in whole or in part from the negligence or
<br />alleged negligence of the Santa Fe or otherwise. Licensee, at its cost, shall assume the defense
<br />of all such claims regardless of whether they are asserted against Licensee or Santa Fe.
<br />-4-
<br />3-4-85-2171/147V
<br />
|