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7.1. SR 01-18-1994
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7.1. SR 01-18-1994
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1/18/1994
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<br /> <br />e <br /> <br />20. Expiration and Renewal. This License shall expire on <br />January 31, 1996, as provided by Section 604 of the City <br />Code. Renewal of this License shall be governed by the <br />procedures and requirements of Section 604.14 of the <br />City Code. <br /> <br />21. Suspension and Revocation. This License is subject to <br />suspension and/or revocation pursuant to the procedures <br />and standards set forth in Section 604 of the City Code. <br /> <br />22. Violations. Any violation of the terms and conditions <br />of this License shall also be considered a violation of <br />Section 604 of the City Code and, in addition to <br />suspension or revocation of this License as provided in <br />Section 604.14 of the City Code, the City may proceed to <br />seek enforcement of this License and the Solid Waste <br />Facilities Ordinance under Section 604.34 thereof. <br /> <br />e <br /> <br />23. Indemnification of City. Licensee shall defend and hold <br />the City, its officers, and employees harmless from all <br />claims made by third parties for damages sustained or <br />costs incurred resulting from Facility approval, <br />construction, and operation. The Licensee shall <br />indemnify the City, its officers, and employees for all <br />costs, damages, or expenses which the City may payor <br />incur in consequence of such claims, including <br />attorneys' fees. The aforesaid defense, indemnity, and <br />hold harmless provisions shall not be in effect from and <br />after the date that the occurrence giving rise to the <br />claim in question is determined by a court with <br />jurisdiction over the matter to have been caused solely <br />by the wilful conduct or negligence of the City, its <br />officers or employees. Until the date of such judicial <br />determination, the defense, hold harmless and <br />indemnification provisions shall be in full force and <br />effect and in the event of such judicial determination, <br />the City shall reimburse the Licensee all of its costs <br />and expenses incurred on behalf of the City in <br />connection with the foregoing. Nothing herein shall be <br />construed to prohibit the City from selecting its own <br />counsel to act as co-counsel in the defense of such <br />matters. The Licensee agrees to indemnify, defend, and <br />hold harmless the City of Elk River, its Council <br />members, officers, and employees from any claims or <br />damages arising out of any acts or omissions on the part <br />of the Licensee and any of the participating counties or <br />their commissioners, agents, or employees in the <br />performance of the counties' contractual obligations <br />under the agreements with the Licensee, from any strict <br />liability imposed upon the City pursuant to Minn. Stat. <br />~ 115B.01, et. seq. for the release of hazardous waste <br />at the Facility and from any remedial actions, clean- <br />ups, removal, closure, post-closure activities, or <br />monitoring requirements or costs associated therewith. <br /> <br />e <br /> <br />8. <br />
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