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06/04/06 14:20 PAX 6094639 49 , COLUMBIA BASIN RR 9 004
<br />( OUT OF LOSS OF OR DAMAGE TO PROPERTY OR 1NTURY TO OR DEATH OF PERSONS OCCURRING,
<br />DIRECTLY OR INDMCTLY, BY REASON OF SUCH REDUCED CLEARANCE.
<br />(c) Lessors continued operations with knowledge of an unauthorized reduced clearance shall not constitute
<br />a waiver of the foregoing covenants of Lessee or of Lessor's right to recover for resulting damages to property or '
<br />IWury to or death of persons.
<br />10. Lessee shall not permit the existence of any nuisance on the Property; shall keep the same in clean and
<br />safe condition and free of any explosive, flammable or combustible material which would increase the risk of fire,
<br />except such material necessary to Lessee's business; shall not handle or store any potentially dangerous .or toxic
<br />materials or hazardous materials; and shall not permit the accumulation of junk, debris or other unsightly materials.
<br />Leasee shall at its sole expense keep the Property and ay Improvements in good repair. Further, Lessee shall comply
<br />with all federal, state, local, and police requirements, regulations, ordinances and laws respecting the Property and
<br />activities thereon. Lessee shall not permit to exist on the Property any treatment, storage or disposal facility, as those
<br />terms are defined by the Federal Resources Conservation and Recovery Act.
<br />11..(a) Lessee shall not create or permit an condition on the Property that could present a threat to.human
<br />health or to the cnvirdnment. Lessee shall Indemnify and hold harmless Lessor, regardless of any negllgence'of
<br />Lessor, from any cult or claim.growing out of any damages alleged to have been caused, in whole or in part, by an
<br />unhealthy, hazardous, or dangerous condition caused by, contributed to, or aggravated by Lessee's presence on and
<br />use of the Property or Lessees violation of any laws, ordinances, regulations, or requirements pertaining to solid or
<br />other wastes, chemicals, oil and gas, toxic, corrosive, or hazardous materials, air, water (surface or groundwater) or
<br />noise pollution, and the storage, handling, use, or disposal of any such material. Lessee shall give Lessor timely
<br />notice of any rolease, violation of environmental laws or inspection or inquiry by gover=wntal authorities charged
<br />with enforcing environmental laws with mspc& to the Property. Lessee also shalt give Lessor timely, notice of all
<br />measures undertaken by or on behalf of Lessee to investigate, remedlate, respond to or otherwise cure such release or
<br />violation. In the event that Lessor receives notice from Lessee or otherwise of a release or violation of
<br />environmenud laws which occurred or is occurring during the term of this Lease, lessor may require Lessee, at
<br />Lessee's sole expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or
<br />violation. Lessee shall bear the expense of all practices or work, pravcntative or remedial, which may be required
<br />because of the condition or use of the Property, by Lessee or those claiming by, through or under Lessee, during
<br />} Lessee's period of occupancy. Lessee atpr_essly agrees that the indemnification and hold harmless obligations it
<br />hereby assumes shall survive cancellation of this Lease. Lessee agrees that statutory IhWtation periods on actions to
<br />enforce these obligations shall not be deemed to commence until Lessor has actual knowledge of any such health or
<br />environmental impairment, and Lessee hereby knowingly and voluntarily waives the benefits of any shorter
<br />limitationperiod.
<br />(b) In this connection, Lessee expects to use on the Property the following hazardous materials;
<br />and to store on the Property the following hazardous materlais
<br />Lessee shall respond to Lessor's reasonabtc inquiries regarding the use or condition of the Property, and Lessor may
<br />enter the Property at such reasonable times and upon reasonable nodc a to Lessee. Use or storage on the Property of
<br />any hazardous materials not disclosed in this paragraph is a breach of this Lease.
<br />12. (a) It is understood by lessee that the Property is in dangerous proximity to railroad tracks and that
<br />persons and property. whether real or personal, on Property will be in danger of Wury, death or destruction incident
<br />to the operation of the railroad, including, without limitation, the risk of derailment, fine, or inadequate clearance
<br />(including sight clearance 'or vision obstruction problems at grade crossings on or adjacent to the Property), ad
<br />Lessee accepts this Lease subject to such dangers.
<br />(b) Lessee undarstands, as one of the material considerations of this Lase without which it would not
<br />be grartted, that )Lessee assumes all risk of injury to or death of all persons, and damage to or loss or des=don of
<br />buildings, contents, or other property (inciudtrrg animals) brought upon or
<br />UIn pproxxiimity to the Property by Lessee, or
<br />by arty other pemu with the consent or knowlledge of Lesser, WITH ARD TO WHETHER SUCH BE
<br />THB RLrSUL.T OF nmiQENCE OR MISCONDUCT OF ANY PsRSON IN nm EMPLOY OR SERVICE OF
<br />LESSOR OR OF DEFECTIVE TRACXAGE, EQU1PMWr, OR TRACK STRUCTURES. LESSEE IMMY
<br />INDEbRUKES AND AGREES TO PROTECT LESSOR FROM ALL SUCH INJURY OR DEATH AND LOSS,
<br />DAMAGE OR DESTRUCTION TO PROPERTY, INCLUDING CLAIMS AND CAUSES OF ACTION
<br />ASSERTED AGAINST LESSOR BY ANY INSURER OF SAID PROPERTY EXCEPT TO THE EIC'1'WT
<br />PROXIMATELY CAUSED • BY LESSOR'S GROSS NEGLIGENCE OR WIIIYUL MISCONDUCT.
<br />NOTWITHSTA.NDINe THE FOREGOING, HOWEVER, LESSEE SHALL. NOT BE LIABLE FOR 1NIURY TO
<br />OR DEATH OF LESSOR'S EIAMOYEES OR AGENTS, OR ROLLING STOCK B12LONOING TO LESSOR 'OR
<br />OTHERS, OR SHIPMENTS OF TMW PARTIES IN THE COURSE OF TRANSPORTATION, WHW THIS
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