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or by virtue of the License. Agreement shall also inure to the benefit of, and be <br />enforceable by NCRR or by any successor or assignee of Railway or NCRR, and <br />NCRR shall not be responsible for any obligations, duties or indemnities of the <br />Railway to Licensee under the License Agreement. NCRR reserves any pre- <br />existing rights, claims and defenses against Railway and Licensee and said rights, <br />claims and defenses shall not be waived or limited in any way by the License <br />Agreement. <br />4. Licensee understands that NCRR and Railway make no warranties or <br />representations regarding the condition of the Premises. As to NCRR, Licensee <br />takes the Premises "AS IS" and expressly waives any and all claims against <br />NCRR and Railway relating to or arising from the condition of the Premises and <br />the property surrounding the Premises, including without limitation, any claims <br />and costs relating to environmental contamination (such as, without limitation, <br />those which might arise under CERCLA, RCRA, and the North Carolina Oil <br />Pollution and Hazardous Substances Act). <br />5. Neither the License Agreement nor this AGREEMENT AND CONSENT <br />may be assigned in whole or in part by Railway or Licensee, and Licensee shall <br />not enter into any sublicense of the premises without the express written consent <br />of NCRR. The License Agreement shall not be amended by Railway or Licensee <br />without the express written consent of NCRR. No consent by NCRR to any <br />sublease, assignment, or amendment of such License Agreement shall be <br />construed fo be consent to any further sublicense, assignment, or amendment of <br />the License Agreement. <br />6. In consideration of the rights granted by NCRR to Licensee by this <br />AGREEMENT AND CONSENT, NCRR is hereby indemnified and held harmless <br />by Licensee to the same extent as Railway is indemnified and held harmless <br />pursuant to the License Agreement. In addition, without limiting the indemnities <br />provided in the License Agreement, Licensee specifically shall indemnify and <br />hold harmless NCRR from and against any and all attorney's fees, costs, expenses, <br />liabilities, injuries, claims (including third party claims and any claims under <br />environmental laws and regulations such as CERCLA, RCRA, and the North <br />Carolina Oil Pollution and Hazardous Substances Control Act) and damages <br />arising from or related to (1) the License Agreement; (2) any acts or omissions by <br />Licensee at the Premises, (3) Licensee's violations of environmental laws and <br />regulations, and (4) environmental contamination caused by Licensee. For <br />purposes of the paragraph, the term Licensee shall mean its employees, agents and <br />contractors, guests or invitees. <br />7. The placement of any additional structure, facility, fixtures, or other <br />property on the Premises other than those permitted by the License Agreement <br />11 <br />Page 2 of 4 <br />