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<br /> <br />e. <br /> <br />18. <br /> <br />19. <br /> <br />20. <br /> <br />21. <br /> <br />e <br /> <br />e <br /> <br />in excess of the City's normal street maintenance <br />program. Permittee shall also reimburse the City for <br />any and all expenses associated with installation of the <br />acceleration and decelerations and lighting at the <br />intersection of Highway 10 and 165th Street. <br /> <br />No exterior storage of MSW, RDF, Rejects or Residue <br />shall be allowed, except in enclosed trailers or trucks. <br /> <br />The Permittee represents and warrants to the City that <br />the Facility shall at all times comply with all <br />applicable city, county, state, and federal laws and <br />regulations, including without limitation, environmental <br />laws and regulations. <br /> <br />All Mixed Municipal Solid Waste not burned, including <br />unburned RDF, RDF process Rejects and RDF Residues, <br />shall be disposed of in strict compliance with the <br />requirements of Section 604 of the City Code and Chapter <br />7035 of Minnesota Rules. <br /> <br />Responsibility for Costs: <br /> <br />A. <br /> <br />The Permittee shall pay all direct costs incurred <br />by it or the City in conjunction with the <br />application for this Permit and development of the <br />Facility, including without limitation legal, <br />planning, consulting, engineering, and inspection <br />expenses (including a reasonable charge for City <br />staff time) incurred in connection with approval of <br />the Facility, the preparation of this Permit, and <br />all costs and expenses incurred by the City in <br />monitoring and inspecting the construction of the <br />Facility, except those costs and expenses normally <br />covered by the building permit fee. <br /> <br />B. <br /> <br />The Permittee shall defend and hold the City, its <br />officers, and employees harmless from all claims <br />made by third parties for damages sustained or <br />costs incurred resulting from Facility approval, <br />construction, and operation. The Permittee shall <br />indemnify the City, its officers, and employees for <br />all costs, damages, or expenses which the City may <br />payor incur in consequence of such claims, <br />including attorneys' fees. The aforesaid defense, <br />indemnity, and hold harmless provisions shall not <br />be in effect from and after the date that the <br />occurrence giving rise to the claim in question is <br />determined by a court with jurisdiction over the <br />matter to have been caused solely by the wilful <br />conduct or negligence of the City, its officers or <br />employees. Until the date of such judicial <br />determination, the defense, hold harmless and <br />indemnification provisions shall be in full force <br /> <br />6. <br />