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emergency, the City will cai1 Debra Dehn to gain entry and provide notice <br />of the situation. Licensee shah promptly notify the City of any <br />substitutions of persons to be so notified. The City shall be notified by the <br />Licensee immediately upon the occmTence of any explosion, fire, or other <br />emergency at the Landfill; upon the discovery, release or spill o£ <br />hazardous or dangerous materials, as defined in the City of Elk River <br />Solid Waste Ordinance, at the Landfill; and of any violations of the <br />conditions of this License. The specific requirements for how, when and <br />who to notify at the City shall be set forth in a separate letter fi'om City <br />staff to Licensee. TMs letter may be revised or supplemented by City staff <br />fi'om time to time as necessary to address the City's needs for notification. <br /> <br />19.) Indemnity. The Licensee shall indemnify, defend, and hold the <br />City harmless from all claims, demands, and/or actions legal and/or <br />equitable arising from the operations on the Landfill Property. <br /> <br />20.) Wo;4zer's Compensation. The Licensee shall can-y in a company <br />authorized to transact business in the State of Minnesota a policy of <br />insurance fulfilling all requirelnents of the Worker's Compensation Act, <br />including all legal requirements for occupational diseases, or self-insure <br />for the above. <br /> <br />21.) Split Samples. The Licensee shall notify the City forty-eight (48) <br />hours before any smnpling of ~'oundwater or surface water mhd allow the <br />City at its expense to obtain split samples of such waters. <br /> <br />22.) Right to Require Performance. The failure of the City, at any time, <br />to require performance by the Licensee of any provisions hereof shalI in <br />no way affect the right of the City thereafter to enforce the same. Nor shall <br />waiver by the City of any breach of any of the provisions hereof be taken <br />or held to be a waiver of any succeeding breach of such provision or as a <br />waiver of any provision itself. <br /> <br />23.) Severability. If any provision of this License shaI1 be declared void <br />or unenforceable, the other provisions shall not be affected, but shall <br />remain in full force and effect. <br /> <br />24.) Amendment. This License shall not be considered modified, <br />altered, changed, or amended in any respect unless approved by the City <br />Council as required by City Ordinance. <br /> <br /> ) Tt~ seb pay fl1eH <br />95 ~ ~_~cn c ..... ~ ...... Fees. :Licen ~haii ost <br />COrmnunitY Fee (HCF)pr6vided for in lheHost CO~nmunity Agreement <br />emered rolo ~mween the L!censee and City on September 13, 200~ If <br />Lic¢i~e hiig I6 pay ihe Li~fise~::shail then PaY the <br />Lafidfill Abatement SUrCh <br /> <br />19 <br /> <br /> <br />