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pertaining to the construction, operation, and environmental effect of the <br />disposal facility, control equipment, and control materials. Inspections <br />shall be conducted during normal business hours except in the event of an <br />emergency. City personnel or agents performing the inspection will notify <br />personnel at the landfill office at the time of inspection. In case of <br />emergency, the City will call Debra Dehn to gain entry and provide notice <br />of the situation. Licensee shall promptly notify the City of any <br />substitutions of persons to be so notified. The City shall be notified by the <br />Licensee immediately upon the occurrence of any explosion, fire, or other <br />emergency at the Landfill; upon the discovery, release or spill of <br />hazardous or dangerous materials, as defined in the City of Elk River <br />Solid Waste Ordinance, at the Landfill; and of any violations of the <br />conditions of this License. The specific requirements for how, when and <br />who to notify at the City shall be set forth in a sepazate letter from City <br />staff to Licensee. This letter may be revised or supplemented by City staff <br />from time to time as necessary to address the City's needs for notification. <br />19.) Indemnitv. The Licensee shall indemnify, defend, and hold the <br />City harmless from all claims, demands, and/or actions legal and/or <br />equitable arising from the operations on the Landfill Property. <br />20.) Worker's Compensation. The Licensee shall carry in a company <br />authorized to transact business in the State of Minnesota a policy of <br />insurance fulfilling all requirements of the Worker's Compensation Act, <br />including all legal requirements for occupational diseases, or self-insure <br />for the above. <br />21.) Split Samples. The Licensee shall notify the City forty-eight (48) <br />hours before any sampling of groundwater or surface water and allow the <br />City at its expense to obtain split samples of such waters. <br />22.) Rieht to Require Performance. The failure of the City, at any time, <br />to require performance by the Licensee of any provisions hereof shall in <br />no way affect the right of the City thereafter to enforce the same. Nor shall <br />waiver by the City of any breach of any of the provisions hereof be taken <br />or held to be a waiver of any succeeding breach of such provision or as a <br />waiver of any provision itself. <br />23.) Severability. If any provision of this License shall be declared void <br />or unenforceable, the other provisions shall not be affected, but shall <br />remain in full force and effect. <br />24.) Amendment. This License shall not be considered modified, <br />altered, changed, or amended in any respect unless approved by the City <br />Council as required by City Ordinance. <br />18 <br />