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development, operation, and regulation of the Facility, including
<br />without limitation legal, planning, consulting, engineering, and
<br />inspection expenses (including a reasonable charge for City staff
<br />time) incurred in connection with approval of the Facility, the
<br />preparation of this Permit, and all costs and expenses incurred by
<br />the City in monitoring and inspecting the construction and
<br />operation of the Facility, except those costs and expenses normally
<br />covered by the building permit fee.
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<br />The Permittee shall defend and hold the City, its officers, and
<br />employees harmless from all claims made by third parties for
<br />damages sustained or costs incurred resulting from Facility
<br />approval, construction, and operation. The Permittee shall
<br />indemnify the City, its officers, and employees for all costs,
<br />damages, or expenses which the City may pay or incur in
<br />consequence of such claims, including attorney's fees. The
<br />aforesaid defense, indemnity, and hold harmless provisions shall
<br />not be in effect from and after the date that the occurrence giving
<br />rise to the claim in question is deten.nined by a court with
<br />jurisdiction over the matter to have been caused solely by the
<br />willful conduct or negligence of the City, its officers or employees.
<br />Until the date of such judicial determination, the defense, hold
<br />han.nless and indemnification provisions shall be in full force and
<br />effect and in the event of such judicial deten.nination, the City shall
<br />reimburse the Permittee all of its costs and expenses incurred on
<br />behalf of the City in connection with the foregoing. Nothing
<br />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.
<br />The Permittee agrees to indemnify, defend, and hold harmless the
<br />City of Elk River, its Council members, officers, and employees
<br />from any claims or damages arising out of any acts or omissions on
<br />the part of the Pen.nittee and any of the participating counties or
<br />their con~.nissioners, agents, or employees in the performance of
<br />the counties' contractual obligations under the agreements with the
<br />Pen.nittee, from any strict liability imposed upon the City pursuant
<br />to Minn. Stat. § 115B.01, et.seq, for the release of hazardous waste
<br />at the Facility and from any remedial actions, clean-ups, removal,
<br />closure, post-closure activities, or monitoring requirements or costs
<br />associated therewith. This inde~rmity, hold han.nless, and defense
<br />obligation on the part of the Pennittee shall include, but not be
<br />limited to, any and all actions, claims, requirements, or claims for
<br />damages arising out of the ~anting of this Pen'nit for the Facility.
<br />The indemnities provided in this paragraph B are sub.iect to the
<br />limits of liability set forth in Mi~mesota Statutes Sections 46.04
<br />and 466.06, as amended from time to time, if effective as to the
<br />particular indemnified action or claim. Nothing in this Permit is
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