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4.5. SR 07-21-2003
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4.5. SR 07-21-2003
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1/21/2008 8:32:42 AM
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7/18/2003 7:18:31 PM
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7/21/2003
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Agreement or any other federal, state, county or city license or permit applicable to <br /> the Landfill. <br /> <br />This section shall not be deemed to abrogate the sovereign immunity enjoyed by the City or the <br />statutory liability limits provided by Minn. Stat. Chap. 466, as amended from time to time. <br />ERL's responsibility for indemnification under this section is limited to the City's liability limits <br />set forth in Minn. Stat. Chap. 466, as amended from time to time. ERL shall not be responsible <br />for the Indemnified Parties' gross negligence and shall not release, defend, indemnify, or hold <br />harmless the Indemnified Parties for Damages based on or arising from gross negligence. <br /> <br /> 5.02. Financial Assurances. ERL shall maintain in full force and in effect all <br /> <br />insurance, bonds, letters of credit, or cash deposits required to be maintained by city, county, <br />state, and federal law in order to assure completion, closure, and post-closure care and <br />maintenance of the Landfill as required by law. ERL shall also provide the City with such <br />copies as it may request of all insurance policies, bonds, letters of credit, and any other financial <br />assurance instruments and documents on a timely basis. <br />SECTION 6. HOST COMMUNITY FEE. <br /> <br /> 6.01. Host Community Fee. In consideration for the City serving as the host <br />community to the Landfill, in consideration for the City's ongoing direct and indirect costs <br />associated with the presence and operation of the Landfill in the City, in consideration for the <br />City's response and remediation activities and its emergency preparedness planning, and in <br />consideration of all other matters as set forth in this Agreement, ERL shall pay to the City <br />during the term of this Agreement a Host Community Fee (HCF) of $1.00 per cubic yard of <br />municipal solid waste (MSW) disposed of at the Landfill. The HCF shall be paid directly to the <br />City on a monthly basis and shall be accompanied by an accurate report on the amount and type <br />of solid waste disposed of in the Landfill each day during the month. The HCF due for each <br /> <br />-7- <br /> <br /> <br />
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