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18.) Documents Reports, and Maps. Electronic copies of Licensee's <br />transmittals to the MPCA or to Sherburne County regarding the Landfill shall <br />also be supplied to the City, at the same time. <br />19.) On-Site Ins ection. The City may inspect the Landfill and the Landfill <br />Property for the purposes of examining and copying nonconfidential records; <br />conducting inspections, surveys, investigations, monitoring, or sampling; and <br />others obtaining necessary information pertaining to the construction, operation, <br />and environmental effect of the disposal facility, control equipment, and control <br />materials. Inspections shall be conducted during normal business hours except in <br />the event of an emergency. City personnel or agents performing the inspection <br />will notify personnel at the landfill office at the time of inspection. In case of <br />emergency, the City will call Debra Walters to gain entry and provide notice of <br />the situation. Licensee shall promptly notify the City of any substitutions of <br />persons to be so notified. The City shall be notified by the Licensee immediately <br />upon the occurrence of any explosion, fire, or other emergency at the Landfill; <br />upon the discovery, release or spill of hazardous or dangerous materials, as <br />defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of <br />any violations of the conditions of this License. The specific requirements for <br />how, when and who to notify at the City shall be set forth in a separate letter from <br />City staff to Licensee. This letter may be revised or supplemented by City staff <br />from time to time as necessary to address the City's needs for notification. <br />20.) Indemnity. The Licensee shall indemnify, defend, and hold the City <br />harmless from all claims, demands, and/or actions legal and/or equitable azising <br />from the operations on the Landfill Property. In the event that such claim, <br />demand, or action arises from the negligence of the City, then Licensee's <br />indemnification obligation shall be reduced in proportion to the City's negligence <br />as determined by a trier of fact. Nothing in this provision shall constitute a <br />waiver of defenses or immunities of Licensee or the City, or create any duty to <br />any third parry. <br />21.) Worker's Compensation. The Licensee shall carry in a company <br />authorized to transact business in the State of Minnesota a policy of insurance <br />fulfilling all requirements of the Worker's Compensation Act, including all legal <br />requirements for occupational diseases, or self-insure for the above. <br />22.) Right to Require Performance. The failure of the City, at any time, to <br />require performance by the Licensee of any provisions hereof shall in no way <br />affect the right of the City thereafter to enforce the same. Nor shall waiver by the <br />City of any breach of any of the provisions hereof be taken or held to be a waiver <br />of any succeeding breach of such provision or as a waiver of any provision itself. <br />23.) Severability. If any provision of this License shall be declazed void or <br />unenforceable, the other provisions shall not be affected, but shall remain in full <br />force and effect. <br />21 <br />