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own counsel to act as co-counsel in the defense of such matters. The
<br />Licensee agrees to indemnify, defend, and hold l~annless the City of Elk
<br />River, its Council members, officers, and employees from any claims or
<br />damages arising out of any acts or omissions on the part of the Licensee
<br />and any of the pa~~ticipating counties or their commissioners, agents, or
<br />employees in the performance of the counties' contractual obligations
<br />under the agreements with the Licensee, from any strict liability imposed
<br />upon the City pursuant to Minn. Stat. ~ 115B.01, et.se .for the release of
<br />hazardous waste at tl~e Facility and from any remedial actions, clean-ups,
<br />removal, closure, post-closure activities, or monitoring requirements or
<br />costs associated therewith. This indemnity, hold harmless, and defense
<br />obligation on the part of the Licensee shall include, but not be limited to,
<br />any and all actions, claims, requireme~ats, or claims for damages arising
<br />out of the granting of this License for the Facility, The indemnities
<br />provided in this paragraph 20 are subj ect to the limits of liability set fo~~th
<br />in Mil~nesota Statutes Sections 466.04 and 466.06, as ame~aded from time
<br />to time, if effective as to the particular indemnified action or claim.
<br />Nothing in this License is intended to waive file immunities to which the
<br />City is entitled by law.
<br />21, ~Uaiver and Claims, The Licensee waives and releases the City from all
<br />Claims, direct or indirect, arising or claimed to have arisen out of all
<br />actions or inactions relating to the City's consideration or issuance of the
<br />License.
<br />~2, Costs. The License shall reimburse the City of all costs incurred in
<br />enforcement of this License, including consultant and attorneys' fees, as
<br />provided in Chapter 58, A~•ticle ICI of the City Code. Failure by Licensee
<br />to reimburse City within forty-five X45}days of receiving an invoice for
<br />any costs for which reimbursement is required by the terms of this License
<br />or the Conditional Use Permit for the Facility, shall be cause for
<br />revocation of this License,
<br />23, License Bindin .This License and its conditions shall be binding upon
<br />Licensee and its successors and assigns. The assignment by Licensee of
<br />its interest in the Facility shall not relieve it of responsibility and liability
<br />under this License without the written consent of the City, which consent
<br />shall not be unreasonably withheld.
<br />24, Severability. If any portion, section, subsection, sentence, clause,
<br />paragraph, or phrase of this License, the CUP, the MPCA Permit, or the
<br />Solid waste Facilities Ordinance is for any reason held invalid, such
<br />decision shall not affect the validity of the remaining poz~tions of tl~e
<br />License.
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