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(04) Severabilit<r. If any portion, section, subsection, sentence, clause, paragraph, or phrase of <br /> this Agreement is for any reason held invalid, such decision shall not affect the validity of the <br /> remaining portion of this Agreement. <br /> (05) Amendments. The action or inaction of the City or Developer shall not constitute a waiver <br /> or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be <br /> in writing, signed by the parties and approved by written resolution of the City Council. The <br /> Developer or the City's failure to promptly take legal action to enforce this Agreement shall not be a <br /> waiver or release. <br /> (06) Insurance. The Developer and contractor shall acquire public liability and property damage <br /> insurance covering personal injury,including death, and claims for property damage which may arise <br /> out of the Developer's work or the work of their subcontractors or by one directly or indirectly <br /> employed by any of them. The insurance must be maintained until six (6) months after the City has <br /> accepted the Improvements. Limits for bodily injury and death shall be not less than $500,000 for <br /> one person and $1,000,000 for each occurrence; limits for property damage shall be not less than <br /> $200,000 for each occurrence; or a combination single limit policy of$1,000,000 or more. The City <br /> shall be named as an additional insured on the Developer's and contractors' policies on a primary <br /> and noncontributory basis, and the Developer and contractor shall file with the City a certificate <br /> evidencing coverage prior to the start of construction. The certificate shall provide that the City <br /> must be given ten (10) days advance written notice of the cancellation of the insurance. <br /> (07) No Waiver. Each right, power or remedy herein conferred upon the City is cumulative and <br /> in addition to every other right, power or remedy, express or implied, now or hereafter arising, <br /> available to City, at law or in equity, or under any other agreement, and each and every right, power <br /> and remedy herein set forth or otherwise so existing may be exercised from time to time as often and <br /> in such order as may be deemed expedient by the City and shall not be a waiver of the right to <br /> exercise at any time thereafter any other right,power or remedy. <br /> (08) Assignment. The Developer may not assign this Agreement without the written permission <br /> of the City, except to its parent, subsidiary, affiliate mortgage lender or successor-in-interest pursuant <br /> to a third party sale. <br /> 14. Notices. All notices and demands specified herein shall be deemed appropriately and timely <br /> given when delivered personally or deposited in the United States mail to the addresses hereinafter set forth <br /> by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed <br /> by written notice given as above: <br /> If to the City at: City of Elk River <br /> Attn: City Administrator <br /> 13065 Orono Parkway <br /> Elk River,Minnesota 55330 <br /> If to the Developer at: Elk River Landfill,Inc. <br /> Attn: Michael Miller <br /> 22460 Hwy 169 Northwest <br /> Elk River,MN 55330 <br /> Attn: Legal Counsel <br /> 720 E. Butterfield Road, 41h Floor <br /> Lombard,IL 60148 <br /> 8 <br /> 35841508.2 <br />