4.5 SR 10-18-2021 - Laserfiche WebLink

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forth in a separate letter from City staff to Licensee. This letter may be revised or supplemented by City staff from time to time as necessary to address the City’s needs for notification. 21.)Indemnity. The Licensee shall indemnify, defend, and hold the City harmless from all claims, demands, and/or actions legal and/or equitable arising from the operations on the Landfill Property.In the event that such claim, demand, or action arises from the negligence of the City, then Licensee’s indemnification obligation shall be reduced in proportion to the City’s negligence as determined by a trier of fact. Nothing in this provision shall constitute a waiver of defenses or immunities of Licenseeor the City, or create any duty to any third party. 22.)Worker’s Compensation. The Licensee shall carry in a company authorized to transact business in the State of Minnesotaa policy of insurance fulfilling all requirements of the Worker’s Compensation Act, including all legal requirements for occupational diseases, or self-insure for the above. 23.)Right to Require Performance. The failure of the City, at any time, to require performance by the Licensee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 24.)Severability. If any provision of this License shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 25.)Amendment. This License shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. 26.)Transferability. Transfer of this License to any entity not a wholly owned subsidiary of Licensee or Waste Management, Inc. shall require approval of the City. 27.)Conflicts. In any cases in which the Licensee believes there is an irreconcilable conflict between the requirements of this License and the laws, rules, regulations, or order of any other governmental authority, the Licensee shall promptly notify the City of such irreconcilable conflict and request an amendment of this License. Until such time as the City acts upon a request for an amendment to this License, which it may grant or deny in its sole discretion, the terms of this License shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Licensee and any requirements of state or federal law. The City shall not unreasonably refuse to 21