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• of the counties' contractual obligations under the agreements with the <br /> Licensee, from any strict liability imposed upon the City pursuant to Minn. <br /> Stat. § 115B.01, et. seq. for the release of hazardous waste at the Facility <br /> and from any remedial actions, clean-ups, removal, closure, post-closure <br /> activities, or monitoring requirements or costs associated therewith. This <br /> indemnity, hold harmless, and defense obligation on the part of the <br /> Licensee shall include, but not be limited to, any and all actions, claims, <br /> requirements, or claims for damages arising out of the granting of this <br /> License for the Facility. The indemnities provided in this paragraph 20 are <br /> subject to the limits of liability set forth in Minnesota Statutes <br /> Sections 466.04 and 466.06, as amended from time to time, if effective as <br /> to the particular indemnified action or claim. Nothing in this License is <br /> intended to waive the immunities to which the City is entitled by law. <br /> 21. 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 /> 22. Costs. The Licensee shall reimburse the City for 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 of <br /> this License. <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 its <br /> 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 /> 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 /> decision shall not affect the validity of the remaining portions of the <br /> License. <br /> 25. Amendments or Waivers in Writing. The action or inaction of the City <br /> shall not constitute a waiver or amendment to the provisions of this <br /> License. To be binding, amendments or waivers shall be in writing, signed <br /> by the Licensee, and approved by written resolution of the City Council. <br /> The City's failure to promptly take legal action to enforce this License shall <br /> • not be a waiver or release. <br /> PXB 103232 6. <br />