5.8. SR 02-19-2008 - Laserfiche WebLink

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16. Insurance and Bonding. The License shall not take effect until the insurance and bonding requirements set forth in Section 58-127 of the City Code have been complied with. 17. Expiration and Renewal. This License shall expire on January 31, 211, as provided by Chapter 58, Article III of the City Code. Renewal of this License shall be governed by the procedures and standards set forth in Section[s] 58-128, 58-129 and 58-130 of the City Code. 18. Suspension and Revocation. This License is subject to suspension and/or revocation pursuant to the procedures and standards set forth Chapter 58, Article III of the City Code. 19. Violations. Any violation of the terms and conditions of this License shall also be considered a violation of Chapter 58, Article III of the City Code and, in addition to suspension or revocation of this License as provided in Section 58-130 of the City Code, the City may proceed to seek enforcement of this License and the Solid Waste Facilities Ordinance under Section 58-103 thereof. 20. Indemnification of City. Licensee 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 Licensee 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 judicial determination, the City shall reimburse the Licensee all of its costs and expenses incurred on 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 Licensee agrees to indemnify, defend, and hold harmless the City of Elk River, its Council members, officers, and employees from any claims or damages arising out of any acts or omissions on the part of the Licensee and any of the participating counties or their commissioners, agents, or employees in the performance of the counties' contractual obligations under the agreements with the Licensee, from any strict liability imposed upon the City pursuant to Minn. Stat. ~ 115B.01, et.seg. 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 c:\users\dhuebner\appdata\local\microsoft\windows\temporary inte~et files\olk87e4\grelic(new)-2 (2).doc