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19.) Security and Litter Control. RPP Site: The Resource Processing Plant shall be enclosed by <br /> a minimum six-foot and no more than eight-foot high chain link fence. Licensee shall engage in a <br /> regular and routine litter maintenance and removal program as required by the City. <br /> 20.) Signage. Licensee shall erect and maintain at each entrance to each component of the <br /> Project a permanent sign stating the name of the Project facility, the MPCA Permit number and <br /> stating the hours and days the facility is open for public use. <br /> 21.) On-Site Inspection. <br /> (01) Resource Processing Plant. The City shall have the right of access to all areas of the <br /> Resource Processing Plant for the purpose of inspection to ensure compliance with all of the terms <br /> and conditions of this License, the Permit for the Project, and Chapter 58, Article III of the City <br /> Code. The City need not give prior notice to the Licensee for personnel to access the Resource <br /> Processing Plant during waste receiving hours, Monday through Saturday, or if an explosion or <br /> other emergency occurs. At any other time, at least twelve (12) hours prior notice to the Licensee <br /> is required. Such access shall be in accordance with reasonable safety standards and reasonable <br /> proprietary information requirements. Inspectors shall have the right, at any time, to take one or <br /> more of the following actions: <br /> i. Order a load of MSW inspected, pursuant to the procedures set forth in this License; <br /> ii. Order the Resource Processing Plant shut down if necessary to bring it into compliance <br /> with any other term or condition of this License, the Permit for the Project, or Chapter <br /> 58, Article III of the City Code. <br /> (02) Energy Recovery Station. The City shall have the right of access to the Energy Recovery <br /> Station and the ERS Site. The City need not give prior notice to the Licensee for designated <br /> personnel to access the Energy Recovery Station or ERS Site during the hours of 6:00 a.m. to 6:00 <br /> p.m., Monday through Saturday, or if any emergency occurs. At any other time, at least twelve <br /> (12) hours prior notice to the Licensee is required. Access shall be administered in accordance <br /> with Licensee's safety standards, National Homeland Security rules and regulations and <br /> proprietary information requirements, and shall not interfere with the Licensee's ability to perform <br /> its contractual obligations. <br /> 22.) Insurance and Bonding. Licensee shall at all times comply with the insurance and bonding <br /> requirements set forth in Section 58-127 of the City Code. <br /> 23.) Indemnification of City. The Licensee shall defend and hold the City, its officers, and <br /> employees harmless from all claims made by third parties for damages sustained or costs incurred <br /> resulting from Project approval, construction, and operation. The Licensee shall indemnify the <br /> City, its officers, and employees for all costs, damages, or expenses which the City may pay or <br /> incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, <br /> and hold harmless provisions shall not be in effect from and after the date that the occurrence <br /> giving rise to the claim in questions is determined by a court with jurisdiction over the matter to <br /> have been caused solely by the willful conduct or negligence of the City, its officers or employees. <br /> Page 9 <br />