5.3. SR 11-15-2010 - Laserfiche WebLink

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governed b5~ the procedures and requirements of Section[s] 58-128, 58-129 and 58- 130 of the Cit-~~ Code. 20. Suspension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth in Chapter 58, Article III of the City Code. 21. Violations. Any violation of terms and conditions of this License shall also be considered a violation of Chapter 58, Article III of the City Code and, in addition to suspension or revocation of this License as provided in Section 58-130 of the CitS~ Code, the City may Proceed to seek enforcement of this License and the Solid Waste Facilities Ordinance under Section 58-103 thereof. 22. Indemnification of Cit<~. Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Licensee shall indemnify the CitST, its officers, and employees for all costs, damages, or e~-penses which the CitST may pay or incur in consequence of such claims, including. attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the. occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the CitST, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such judicial determination, the Cit1T shall reimburse the Licensee all of its costs and expenses incurred on behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to .act as co-counsel in the defense of such matters. The Licensee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Licensee, from any strict liability imposed upon the Citsr pursuant to Minn. Stat. 115b.01, et. sec .. for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure acti~rities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation of the part of the Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License fo>• the Facility. The indemnities provided in this paragraph 23 are subject to the limits of liability set forth in Minnesota Statutes Sections 46G.04 and 466.06, as amended from time to time, if effective as to the. particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the CitS- is entitled by law. 23. Waiver and Claims. The Licensee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the License.