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24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <br />Waiver and Claims. The Licensee waives and releases the City from all claims, <br />direct or indirect, arising or claimed to have arisen out of all actions or inactions <br />relating to the City's consideration or issuance of the License. <br /> <br />Costs. The Licensee shall reimburse the City for all costs incurred in enforcement <br />of this License, including consultant and attorneys' fees, as provided in <br />Section 604 of the City Code. Failure by Licensee to reimburse City within forty- <br />five (45) days of receiving an invoice for any costs for which reimbursement is <br />required by the terms of this License or the Conditional Use Permit for the <br />Facility, shall be cause for revocation of this License. <br /> <br />License Binding. This License and its conditions shall be binding upon Licensee <br />and its successors and assigns. The assignment by Licensee of its interest in the <br />Facility shall not relieve it of responsibility and liability under this License without <br />the written consent of the City, which consent shall not be unreasonably withheld. <br /> <br />Severability. If any portion, section, subsection, sentence, clause, paragraph, or <br />phrase of this License, the CUP, the MPCA Permit or the Solid Waste Facilities <br />Ordinance is for any reason held invalid, such decision shall not affect the validity <br />of the remaining portions of the License. <br /> <br />Amendments or Waivers in Writing. The action or inaction of the City shall not <br />constitute a waiver or amendment to the provisions of this License. To be binding, <br />amendments or waivers shall be in writing, signed by the Licensee, and approved <br />by written resolution of the City Council. The City's failure to promptly take legal <br />action to enforce this License shall not be a waiver or release. <br /> <br />Notices. Required notices to the Licensee shall be in writing, and shall be either <br />hand delivered to the Licensee, its employees or agents, or mailed to the Licensee <br />by certified or registered mail at the following address: <br /> <br />Elk River Resource Recovery Facility <br />10700 165th Avenue N.W. <br />Elk River, Minnesota 55330 <br />ATTN: Plant Superintendent <br /> <br />Notice to the City shall be in writing, and shall be either hand delivered to the City <br />Administrator, or mailed to the City by certified or registered mail in care of the <br />City Administrator at the following address: <br /> <br />City of Elk River <br />City Hall <br />Elk River, Minnesota 55330 <br />Attention: City Administrator <br /> <br />PXB 103217 8. <br /> <br /> <br />