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<br />. <br /> <br />determination, the City shall reimburse the Licensee all of its costs and <br />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 performance ofthe counties' contractual obligations <br />under the agreements with the Licensee, from any strict liability imposed <br />upon the City pursuant to Minn. Stat. ~ 1158.01, 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 indemnity, hold harmless, and defense <br />obligation on 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 ofthe granting of this License for the Facility. The indemnities <br />provided in this paragraph 20 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 />. <br /> <br />21. <br /> <br />Waiver and Claims. The Licensee waives and releases the City from 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 />22. Costs. The License shall reimburse the City of all costs incurred in <br />enforcement of this License, including consultant and attorneys' fees, as <br />provided in Section 604 of the City Code. Failure by Licensee to <br />reimburse City within forty-five (45) days of receiving an invoice for any <br />costs for which reimbursement is required by the terms of this License or <br />the Conditional Use Permit for the Facility, shall be cause for revocation <br />of this License. <br /> <br />23. License Binding. This License and its conditions shall be binding upon <br />Licensee and its successors and assigns. The assignment 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 unreasonably withheld. <br /> <br />24. Severability. If any portion, section, subsection, sentence, clause, <br />paragraph, or phrase of this License, the CUP, the MPCA Permit, or the <br />Solid Waste Facilities Ordinance is for any reason held invalid, such <br /> <br />. <br /> <br />s: \b&z\stever\upaexhb. doc <br /> <br />6 <br />