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at tlae Site, Any reuse of ash and residue, shall be subject to approval of
<br />the Minnesota Pollution Control Agency,
<br />2~-~, Re~~onsibility,for Costs:
<br />A, The Permittee shall pay all direct costs Incurred by it or tlae City in
<br />conjunction with the application for this Pe~~mit and the
<br />development, operation, and regulation of the Facility, including
<br />without limitation legal, planning, consulting, enginee~ying, and
<br />inspection expenses including a reasonable charge for City staff
<br />time} incurred in connection with approval of the Facility, the
<br />preparation of this Permit, and all costs and expenses incurred by
<br />the City in monitoring and inspecting the construction and
<br />operation of the Facility, except those costs and expenses normally
<br />covered by the building permit fee.
<br />B. The Permittee shall defend and hold the City, its officers, and
<br />employees harmless from all claims made by third parties for
<br />damages sustained or costs incurred resulting from Facility
<br />approval, construction, and operation, The Permittee shall
<br />indemnify the City, its officers, and employees for all costs,
<br />damages, or expenses which the City may pay or incur in
<br />consequence of such claims, including attorney's fees. The
<br />aforesaid defense, indemnity, and 11o1d harmless provisions shall
<br />not be in effect from and after the date that the occurrence giving
<br />rise to the claim in question is determined by a court with
<br />jurisdiction over the matter to have been caused solely by the
<br />willful conduct or negligence of the City, its officers or employees.
<br />Until the date of such judicial determination, the defense, hold
<br />harmless and indemnification provisions shall be in full force and
<br />effect and in the event of such judicial determination, the City shall
<br />reimbu~•se the Permittee all of its costs and expenses incurred on
<br />behalf of tlae City in connection with the foregoing, Nothing
<br />herein shall be construed to p~°ohibit the City from selecting its
<br />own counsel to act as co-cou~asel in the defense of such matte~°s.
<br />The Permittee agrees to indemnify, defend, and hold harmless the
<br />City of ~11~ River, its Council members, officers, and employees
<br />from any claims or damages arising out of any acts or omissions on
<br />the pa~•t of the Permittee and any of the participating counties or
<br />their commissioners, agents, or employees in the performance of
<br />the counties' contractual obligations under tl~e agreements with the
<br />Permittee, from any strict liability imposed upon the City pursuant
<br />to Minn, Stat. ~ 115B.o1, eta, for the release of hazardous waste
<br />at the Facility and from any remedial actions, clean-ups, removal,
<br />closure, post-closure activities, or monitoring requirements or costs
<br />associated therewith. This indemnity, hold harmless, and defense
<br />obligation on the pant of the Permittee shall include, but not be
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