5.1 PCSR 1-10-2012 - Laserfiche WebLink

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(02) Ener~v Recovery wit-vStation. The City shall have the right of access to the Energy Recovery ~}~Station and the €~ERS Site. The City need not give prior notice to the Licensee for designated personnel to access the Energy Recovery Eby-Station or €I~ERS Site during the hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, or if any emergency occurs. At any other time, at least twelve (12) hours prior notice to the Licensee is required. Access shall be administered in accordance with Licensee's safety standards, National Homeland Security rules and regulations and proprietary information requirements, and shall not interfere with the Licensee's ability to perform its contractual obligations. 22.) Insurance and Bonding. Licensee shall at all times comply with the insurance and bonding requirements set forth in Section 58-127 of the City Code. 23.) Indemnification of Citv. The 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 lyProject approval, construction, and operation. The Licensee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City 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 questions is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, 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 City 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 Ells 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 City pursuant to Minn. Stat. 115B.01, et sea• for the release of hazardous waste at the Project facilities and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on 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 Permit for the liasi~it3~Proiect or any variance associated with the height of the ^°°a ~~°^°°°~~~- r•^^~'~*~~ facili and the inability of the City to properly respond to fire calls at the D~^^°°°~~rt ~'°^~'~'~~ facili due to the limitations of its equipment or personnel, but shall not include willful and unjustified failure to respond to fire calls at the D~°^°°^~~'- ~'°^~'~'~~facili .The indemnities provided in this paragraph are subject to the limits of liability set forth in Minnesota Statutes Section 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this Permit is intended to waive the immunities to which the City is entitled by law. Page 13