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A. The Permittee shall pay all direct casts incuz~red by it or the City in
<br />conjunction with file application far this Permit and development of the
<br />Facility, including without limitation legal, planning, consulting,
<br />engineering, and inspection expenses including a reasonable claa~•ge for
<br />City staff time} incu~.•ed in connection with approval of the Facility, the
<br />preparation of this Permit, and all costs and expenses incurred by floe City
<br />in monitoring and inspecting the canstx~uction of the Facility, except those
<br />costs and expenses normally covered by the building permit fee.
<br />B. The Permittee shall defend and hold floe City, its officers, and employees
<br />harmless from all claims made by third parties for damages sustained or
<br />costs incurred resulting fiom Facility approval, construction, and
<br />operation. The Permittee shall indemnify the City, its officers, and
<br />employees for all costs, damages, or expenses which the City any pay or
<br />incur in consequence of such claims, including attorl~eys' fees. The
<br />aforesaid defense, indemnity, and hold harmless provisions s1~a11 not be in
<br />effect from and after the date that the occu~~ence giving rise to the claim in
<br />questions is determined by a court with jurisdiction over the matter to have
<br />been caused solely by the willfi.~l conduct or negligence of the City, Its
<br />officers or employees. Until the date of such judicial determination, the
<br />defense hold ha~~nless and indemnification provisions shall be in full force
<br />and effect and in the event of such judicial dete~~nination, the City shall
<br />reimburse the Permittee all of its costs and expenses incurred on behalf of
<br />the City in connection with the foregoing. Nothing herein shall be
<br />construed to prohibit the City from selecting its own counsel to act as co~
<br />counsel in the defense of such matters, The Pez~n.ittee agrees to
<br />indemnify, defend, and hold ha~~nless the City of Ells River, its Council
<br />members, officers, and employees fi~am any claims or damages arising out
<br />of any acts or omissions on the part of the Permittee and any of the
<br />participating counties or their commissioners, agents, or employees in the
<br />performance of the counties' contractual obligations under the agreements
<br />with the Permittee, from any strict liability imposed upon the City
<br />pursuant to Mine. Stat. 115B,oI, et sue . for floe release of hazardous waste
<br />at the Facility and from any remedial actions, clean-ups, removal, closure,
<br />post-closure activities, or monitoring requirements or costs associated
<br />therewith. This indemnity, hold harmless, and defense obligation on the
<br />past of the Permittee shall include, but not be limited to, any and all
<br />actions, claims, requirements, or claims for damages arising out of the
<br />granting of this Perinit for the Facility or any variance associated with the
<br />height of the proposed Processing Facility and the inability of the City to
<br />properly respond to fire calls at the Processing Facility due to the
<br />limitations of its equipment or personnel, but shall not include willful and
<br />unjusti~ ed failure to respond to fire calls at the Processing Facility. The
<br />indemnities provided in the paragraph B are subject to the limits of
<br />liability set forth in Minnesota Statutes Sections 466.4 and 46,06, as
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