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<br />. <br /> <br />. <br /> <br />. <br /> <br />19.) Indemnity. The Licensee shall indemnify, defend, and <br />hold the City harmless from all claims, demands, and/or actions <br />legal and/or equitable arising from the operations on the <br />Landfill Property. <br /> <br />20.) Workers' Compensation. The Licensee shall carry in a <br />company authorized to transact business in the State of <br />Minnesota a policy of insurance fulfilling all requirements of <br />the Worker's Compensation Act, including all legal requirements <br />for occupational diseases, or self-insure for the above. <br /> <br />21.) Split Samples. The Licensee shall notify the City <br />forty-eight (48) hours before any sampling of groundwater or <br />surface water and allow the City at its expense to obtain split <br />samples of such waters. <br /> <br />22.) Riaht to R~quire performance. The failure of the <br />City, at any time, to require performance by the Licensee of <br />any provisions hereof shall in no way affect the right of the <br />City thereafter to enforce the same. Nor shall waiver by the <br />City of any breach of any of the provisions hereof be taken or <br />held to be a waiver of any succeeding breach of such provision <br />or as a waiver of any provision itself. <br /> <br />23.) S~verability. If any provision of this License shall <br />be declared void or unenforceable, the other provisions shall <br />not be affected, but shall remain in full force and effect. <br /> <br />24.) Amendment. This License shall not be considered <br />modified, altered, changed, or amended in any respect unless <br />approved by the City Council as required by City Ordinance. <br /> <br />25.) Landfill Surcharae Fees. This License does not waive <br />the City'S right to collect the surcharge authorized by Minn. <br />Stat. ~ 115A.921, Subd. 1 (the Surcharge). The Surcharge shall <br />be paid directly to the City on a monthly basis, and shall be <br />accompanied by an accurate report on the amount and type of <br />solid waste disposed of in the landfill each day during the <br />month. The Surcharge due for each month shall be received by <br />the City no later than the thirtieth calendar day of the <br />succeeding month. Failure to pay the surcharge fee when due <br />shall be cause for revocation of this license and shall be a <br />violation of the conditions and requirements of this license <br />for the purposes of the related operations authorized by <br />Section 3 of this License. <br /> <br />26.) Conflicts. In any cases in which the Licensee <br />believes there is an irreconcilable conflict between the <br />requirements of this License and Laws, Rules, Regulations, or <br />Order of any other governmental authority, the Licensee shall <br />promptly notify the City of such irreconcilable conflict and <br />request an amendment of this License. Until such time as the <br />City acts upon a request for an amendment to this. License, <br />which it may grant or deny in its sole discretion, the terms of <br /> <br />19. <br />