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t., � � . gg_ 1�4304
<br /> the circumstances, (b) capital expenditures necessary to cause the Grantor's remaining Property
<br /> or the operations or business of the Grantor on its remaining Property to be in compliance with
<br /> the requirements of any Environmental Law, (c) losses for injury or death of any person, and (d)
<br /> losses arising under any Environmental Law enacted after transfer. The rights of Grantor under
<br /> this section shall be in addition to and not in lieu of any other rights or remedies to which it may
<br /> be entitled under this document or otherwise. This indemnity specifically includes the obligation
<br /> of Grantee to remove, close, remediate, reimburse or take other actions requested or required by
<br /> any governmental agency concerning any hazardous substances or contaminants on the Property.
<br /> The term "Environmental Law" means any federal, state or local statute, regulation, code,
<br /> rule, ordinance, order,judgment, decree, injunction or common law pertaining in any way to the
<br /> protection of human health or the environment, including without limitation, the Resource
<br /> Conservaticn and Recovery Act, the Comprehensive Environmental Response, Compensation
<br /> and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local
<br /> law.
<br /> The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious
<br /> substance, material or waste as defined, listed or regulated under any Environmental Law, and
<br /> includes without limitation petroleum oil and any of its fractions.
<br /> Grantee agrees, at Grantee's costs and expense, to construct, reconstruct, renew, maintain and
<br /> operate, upon said premises to be conveyed hereby, such sewer line, ditches, culverts or flood
<br /> plains as may be required by Grantor to release and discharge all water, whether created by
<br /> nature or Grantor railroad operations, from the land and trackage retained by Grantor located
<br /> adjacent to said premises.
<br /> If Grantee shall fail to construct, maintain or repair such drainage facilities, Grantor shall have
<br /> the right to enter upon said premises to construct, maintain or repair such drainage facilities, and
<br /> Grantee hereby agrees to pay to Grantor the costs of such construction,maintenance or repair.
<br /> Within sixty (60) days after closing, Grantee shall, at its sole cost and expense, construct
<br /> a protective chainlink type fence a minimum of eight (8) feet in height upon, over and across the
<br /> Northeasterly side of the hereinabove described Property. Grantee shall thereafter repair,
<br /> maintain and renew said fence, so as to keep same in good repair at the sole cost of the Grantee.
<br /> If fence is not constructed within this time frame, Grantor may construct said fence at the sole
<br /> cost of Grantee and Grantee shall pay Grantor all associated costs within ten (10) days of receipt
<br /> of bills.
<br /> Grantee is aware that train movements cause vibrations which could, over time, cause damage to
<br /> structures adjacent to rail lines. Grantee accepts such possible damage to the depot and stipulates
<br /> that it will not at any future time propose or support any enactment which would limit or reduce
<br /> train speeds within the City of Grand Island.
<br /> BNSF 011 S8 Grand Island,NE 3
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