5.1. PCSR 10-13-2009 - Laserfiche WebLink

Home Browse Search

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.seq. 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 Licensee shall include, but not be limited to, any and all actions, claims, requirements, or claims for damages arising out of the granting of this License for the Facility. The indemnities provided in this paragraph 20 are subject to the limits of liability set forth in Minnesota Statutes Sections 466.04 and 466.06, as amended from time to time, if effective as to the particular indemnified action or claim. Nothing in this License is intended to waive the immunities to which the City is entitled by law. 21. Waiver and Claims. The Licensee waives and releases the City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the License. 22. Costs. The License shall reimburse the City of all costs incurred in enforcement of this License, including consultant and attorneys' fees, as provided in Chapter 58, Article III of the City Code. Failure by Licensee to reimburse City within forty-five (45) days of receiving an invoice for any costs for which reimbursement is required by the terms of this License or the Conditional Use Permit for the Facility, shall be cause for revocation of this License. 23. License Binding. This License and its conditions shall be binding upon Licensee and its successors and assigns. The assignment by Licensee of its interest in the Facility shall not relieve it of responsibility and liability under this License without the written consent of the City, which consent shall not be unreasonably withheld. 24. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this License, the CUP, the MPCA Permit, or the Solid Waste Facilities Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portions of the License. s~.lohinnin~~ anaii~lcase I'ile5~cup';ci~ Q9 19 bre,~reliodraft doclr-e~1~1-:a~~H~-au"inn .,-, - r ~_~i. . ,~,.,.