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expenses incurred on behalf of the City in connection with the foregoing. <br />Nothing herein shall be construed to prohibit the City from selecting its <br />own counsel to act as co-counsel in the defense of such matters. The <br />Licensee agrees to indemnify, defend, and hold harmless the City of Elk <br />River, its Council members, officers, and employees from any claims or <br />damages arising out of any acts or omissions on the part of the Licensee <br />and any of the participating counties or their commissioners, agents, or <br />employees in the perfom~ance of the counties' contractual obligations <br />under the agreements with the Licensee, from any strict liability imposed <br />upon the City pursuant to Minn. Stat. 115b.01, et. seq. for the release of <br />hazardous waste at the Facility and from any remedial actions, clean-ups, <br />removal, closure, post-closure activities, or monitoring requirements or <br />costs associated therewith. This inde~rmity, hold harmless, and defense <br />obligation of the part of the Licensee shall include, but not be limited to, <br />any and all actions, claims, requirements, or claims for damages arising <br />out of the granting of this License for the Facility. The indemnities <br />provided in this paragraph 23 are subject to the limits of liability set forth <br />in Minnesota Statutes Sections 466.04 and 466.06, as amended from time <br />to time, if effective as to the particular indemnified action or claim. <br />Nothing in this License is intended to waive the immunities to which the <br />City is entitled by law. <br /> <br />23. Waiver and Claims. The Licensee waives and releases the City fi'om all <br /> claims, direct or indirect, arising or claimed to have arisen out of all <br /> actions or inactions relating to the City's consideration or issuance of the <br /> License. <br /> <br />24. Costs. The Licensee shall reimburse the City for all costs incurred in <br /> enforcement of this License, including consultant and attorneys' fees, as <br /> provided in c~:~ r.,~ ~aP~er ~i ar{i~i~ ili of the City Code. Failure <br /> by Licensee to reimburse City within forty-five (45) days of receiving an <br /> invoice for any costs for which rein~bursement is required by the terms of <br /> this License or the Conditional Use Permit for the Facility, shall be cause <br /> for revocation of this License. <br /> <br />25. License Binding, This License and its conditions shall be binding upon <br /> Licensee and its successors and assigns. The assigmnent by Licensee of <br /> its interest in the Facility shall not relieve it of responsibility and liability <br /> under this License without the written consent of the City, which consent <br /> shall not be um'easonably withheld. <br /> <br />26. Severabilit¥. If any portion, section, subsection, sentence, clause, <br /> paragraph, or p?n'ase of this license, the CUP, the MPCA Permit or the <br /> Solid Waste Facilities Ordinance is for any reason held invalid, such <br /> decision shall not affect the validity of the remaining portions of the <br /> License. <br /> <br />8 <br /> <br /> <br />