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personnel at the landfill office at the time of inspection. In case of <br /> emergency,the City will call John Kellas Debra Dehn to gain entry and • <br /> provide notice of the situation. Licensee shall promptly notify the City of <br /> any substitutions of persons to be so notified. The City shall be notified by <br /> the Licensee immediately upon the occurrence of any explosion, fire, or <br /> other emergency at the Landfill; upon the discovery, release or spill of <br /> hazardous or dangerous materials, as defined in the City of Elk River <br /> Solid Waste Ordinance, at the Landfill; and of any violations of the <br /> conditions of this License. The specific requirements for how, when and <br /> who to notify at the City shall be set forth in a separate letter from City <br /> staff to Licensee. This letter may be revised or supplemented by City staff <br /> from time to time as necessary to address the City's needs for notification. <br /> 19.) Indemnity. The Licensee shall indemnify, defend, and hold the <br /> City harmless from all claims, demands, and/or actions legal and/or <br /> equitable arising from the operations on the Landfill Property. <br /> 20.) Worker's Compensation. The Licensee shall carry in a company <br /> authorized to transact business in the State of Minnesota a policy of <br /> insurance fulfilling all requirements of the Worker's Compensation Act, <br /> including all legal requirements for occupational diseases, or self-insure <br /> for the above. <br /> 21.) Split Samples. The Licensee shall notify the City forty-eight (48) • <br /> hours before any sampling of groundwater or surface water and allow the <br /> City at its expense to obtain split samples of such waters. <br /> 22.) Right to Require Performance. The failure of the City, at any time, <br /> to require performance by the Licensee of any provisions hereof shall in <br /> no way affect the right of the City thereafter to enforce the same. Nor shall <br /> waiver by the City of any breach of any of the provisions hereof be taken <br /> or held to be a waiver of any succeeding breach of such provision or as a <br /> waiver of any provision itself. <br /> 23.) Severability. If any provision of this License shall be declared void <br /> or unenforceable,the other provisions shall not be affected, but shall <br /> remain in full force and effect. <br /> 24.) Amendment. This License shall not be considered modified, <br /> altered, changed, or amended in any respect unless approved by the City <br /> Council as required by City Ordinance. <br /> 25.) Landfill Surcharge Fees. This License does not waive the City's <br /> right to collect the surcharge authorized by Minn. Stat. § 115A.921, Subd. <br /> 1 (the Surcharge). The Surcharge shall be paid directly to the City on a <br /> monthly basis, and shall be accompanied by an accurate report on the <br /> 20 <br />