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3.12. SR 04-16-2007
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3.12. SR 04-16-2007
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1/21/2008 8:36:50 AM
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<br />18. Insurance and Bondin2. This License shall not take effect until the <br />insurance and bonding requirements set forth in Section 58-127 of the City <br />Code have been complied with. <br /> <br />19. Exoiration and Renewal. This License shall expire on January 31, 2008, as <br />provided by Chapter 58, Article III of the City Code. Renewal of this <br />License shall be governed by the procedures and requirements of Section[ s] <br />58-128,58-129 and 58-130 of the City Code. <br /> <br />20. Susoension and Revocation. This License is subject to suspension and/or <br />revocation pursuant to the procedures and standards set forth in Chapter 58, <br />Article III of the City Code. <br /> <br />21. Violations. Any violation of terms and conditions of this License shall also <br />be considered a violation of Chapter 58, Article III of the City Code and, in <br />addition to suspension or revocation of this License as provided in Section <br />58-130 of the City Code, the City may Proceed to seek enforcement of this <br />License and the Solid Waste Facilities Ordinance under Section 58-103 <br />thereof. <br /> <br />22. Indemnification of City. Licensee shall defend and hold the City, its <br />officers, and employees harmless from all claims made by third parties for <br />damages sustained or costs incurred resulting from Facility approval, <br />construction, and operation. The Licensee shall indemnity the City, its <br />officers, and employees for all costs, damages, or expenses which the City <br />may payor incur in consequence of such claims, including attorneys' fees. <br />The aforesaid defense, indemnity, and hold harmless provisions shall not <br />be in effect from and after the date that the occurrence giving rise to the <br />claim in question is determined by a court with jurisdiction over the matter <br />to have been caused solely by the willful conduct or negligence of the City, <br />its officers or employees. Until the date of such judicial determination, the <br />defense, hold harmless and indemnification provisions shall be in full force <br />and effect and in the event of such judicial determination, the City shall <br />reimburse the Licensee all of its costs and expenses incurred on behalf of <br />the City in connection with the foregoing. Nothing herein shall be <br />construed to prohibit the City from selecting its own counsel to act as co- <br />counsel in the defense of such matters. The Licensee agrees to indemnity, <br />defend, and hold harmless the City of Elk River, its Council members, <br />officers, and employees from any claims or datnages arising out of any acts <br />or omissions on the part of the Licensee and any of the participating <br />counties or their commissioners, agents, or employees in the performance <br />of the counties' contractoal obligations under the agreements with the <br />Licensee, from any strict liability imposed upon the City pursuant to Minn. <br />Stat. lI5b.Ol, et. ~ for the release of hazardous waste at the Facility and <br />from any remedial actions, clean-ups, removal, closure, post-closure <br />activities, or monitoring requirements or costs associated therewith. This <br /> <br />7 <br />
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