5.1. PCSR 02-12-2008 - Laserfiche WebLink

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time) incurred in connection with approval of the Facility, the preparation of this Permit, and all costs and expenses incurred by the City in monitoring and inspecting the construction and operation of the Facility, except those costs and expenses normally covered by the building permit fee. g. The Permittee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from Facility approval, construction, and operation. The Pertnittee shall indemnify the City, its officers, and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. The aforesaid defense, indemnity, and hold harmless provisions shall not be in effect from and after the date that the occurrence giving rise to the claim in question is determined by a court with jurisdiction over the matter to have been caused solely by the willful conduct or negligence of the City, its officers or employees. Until the date of such judicial determination, the defense, hold harmless and indemnification provisions shall be in full force and effect and in the event of such tsdcosts dand e lpenses incurred on all reimburse the Perimttee all of behalf of the City in connection with the foregoing. Nothing herein shall be construed to prohibit the City from selecting its own counsel to act as co-counsel in the defense of such matters. The Perinittee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officeraCanor miss ores on from any claims or damages arising out of any the part of the Perrnittee and any of the participating counties or their commissioners, agents, or employ der the e reemernts with the the counties' contractual obligations un g Pennittee, from any strict liability imposed upon the City pursuant to Minn. Stat. § 115B.01, et.se .for the release of hazardous waste at the Facility and from any remedial actions, clean-ups, removal, closure, post-closure activities, or monitoring requirements or costs associated therewith. This indemnity, hold harmless, and defense obligation on the part of the Permittee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this Permit for the Facility. The indemnities provided in this paragraph B are subject to the limits of liability set forth in Minnesota Statutes Sections 46.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action ~i slt which the City is ent tled by intended to waive the immure law.