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• 19. The establishment and operation of the Facility shall at all times fully comply with the terms and requirements of this Permit and with the terms, requirements and conditions of Section 604 of the City Code and the Solid Waste Facility License issued by the City for the Facility, including any requirements and conditions of said Section 604 and/or said license which are not specifically set forth in this Permit. 20. All Ash shall be permanently transported out of the City except that portion, if any, which is attributable to solid waste provided to the Facility by Sherburne County, unless otherwise approved by the City and Sherburne County. Ash and residue disposal shall strictly comply with the requirements of Section 604 of the City Code and the requirements of Chapter 7035 of Minnesota Rules. Ash deposited in the state of Minnesota shall only be permanently deposited in solid waste management facilities which have been specifically designed for Ash disposal; which have been approved by the Minnesota Pollution Control Agency for Ash disposal; and which are equipped with a liner and leachate collection system adequate to collect all leachate which may be generated at the Site. 21. Responsibility for Costs: A. The Permittee shall pay all direct costs incurred by it or the City in • conjunction with the application for this Permit and the development, operation, and regulation of the Facility, including without limitation legal, planning, consulting, engineering, and inspection expenses (including a reasonable charge for City staff time) incurred in connection with approval of the Facility, the preparation of this Permit, and all costs and expenses incurred by the City in monitoring and inspecting the construction and operation of the Facility, except those costs and expenses normally covered by the building permit fee. B. The Permittee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Permittee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in • the event of such judicial determination, the City shall reimburse the PXB 102965 4.