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12-19-1995
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6.7
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20. Expiration and Renewal. This License shall expire on January 31, 2000, as <br /> • provided by Section 604 of the City Code. Renewal of this License shall be <br /> governed by the procedures and requirements of Section 604.14 of the City Code. <br /> 21. Suspension and Revocation. This License is subject to suspension and/or <br /> revocation pursuant to the procedures and standards set forth in Section 604 of the <br /> City Code. <br /> 22. Violations. Any violation of the terms and conditions of this License shall also be <br /> considered a violation of Section 604 of the City Code and, in addition to <br /> suspension or revocation of this License as provided in Section 604.14 of the City <br /> Code, the City may proceed to seek enforcement of this License and the Solid <br /> Waste Facilities Ordinance under Section 604.34 thereof. <br /> 23. Indemnification of City. Licensee shall defend and hold the City, its officers, and <br /> employees harmless from all claims made by third parties for damages sustained or <br /> costs incurred resulting from Facility approval, construction, and operation. The <br /> Licensee shall indemnify the City, its officers, and employees for all costs, <br /> damages, or expenses which the City may pay or incur in consequence of such <br /> claims, including attorneys' fees. The aforesaid defense, indemnity, and hold <br /> harmless provisions shall not be in effect from and after the date that the <br /> occurrence giving rise to the claim in question is determined by a court with <br /> jurisdiction over the matter to have been caused solely by the willful conduct or <br /> • negligence of the City, its officers or employees. Until the date of such judicial <br /> determination, the defense, hold harmless and indemnification provisions shall be <br /> in full force and effect and in the event of such judicial determination, the City <br /> shall reimburse the Licensee all of its costs and expenses incurred on behalf of the <br /> City in connection with the foregoing. Nothing herein shall be construed to <br /> prohibit the City from selecting its own counsel to act as co-counsel in the defense <br /> of such matters. The Licensee agrees to indemnify, defend, and hold harmless the <br /> City of Elk River, its Council members, officers, and employees from any claims <br /> or damages arising out of any acts or omissions on the part of the Licensee and <br /> any of the participating counties or their commissioners, agents, or employees in <br /> the performance of the counties' contractual obligations under the agreements with <br /> the 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 and <br /> from any remedial actions, clean-ups, removal, closure, post-closure activities, or <br /> monitoring requirements or costs associated therewith. This indemnity, hold <br /> harmless, and defense obligation on the part of the Licensee shall include, but not <br /> be limited to, any and all actions, claims, requirements, or claims for damages <br /> arising out of the granting of this License for the Facility. The indemnities <br /> provided in this paragraph 23 are subject to the limits of liability set forth in <br /> Minnesota Statutes Sections 466.04 and 466.06, as amended from time to time, if <br /> effective as to the particular indemnified action or claim. Nothing in this License <br /> is intended to waive the immunities to which the City is entitled by law. <br /> • <br /> PXB 103217 7. <br />
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