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5.3. PCSR 03-09-2010
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5.3. PCSR 03-09-2010
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3/5/2010 2:08:12 PM
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City Government
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3/9/2010
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-x;17. _ Inspections. Licensee shall make the Facility available for <br />inspections as required by the CUP and Chapter 58, Article III of the City <br />Code, <br />-~18, Insurance and Bondin .This License shall not take effect until the <br />insurance and bonding requirements set forth in Section 58127 of the City <br />Cade have been complied with, <br />-~;19.________Expiration and Renewal, This License shall expire on January 31, <br />~820~~:2, as provided by Chapter 58, Article III of the City Code, <br />Renewal of this License shall be governed by the procedures and <br />requirements of Section~s~ 55-128, 58-129 and 58p13o of tlae City Code. <br />x-:20. Sus erasion and Revocation. This License is subject to suspension <br />andlor revocation pursuant to the procedures and standards set forth in <br />Chapter 58, Article III of the City Code. <br />X21, Violations. Any violation of terms and conditions of dais License <br />shall also be considered a violation of Chapter 58, Article III of the City <br />Code and, in addition to suspension or revocation of this License as <br />provided in Section 58-130 of the City Code, the City may Proceed to seek <br />enforcement of this License and the Solid waste Facilities Ordinance under <br />Section 58-103 thereof. <br />X22. Indemnification of City, Licensee shall defend and hold the City, <br />its off cers, and employees harmless from all claims made by third parties <br />for damages sustained or costs incurred resulting from Facility approval, <br />construction, and operation. The Licensee shall inde~r~aify the City, its <br />officers, and employees for all costs, damages, or expenses which the City <br />may pay or incur in consequence of such claims, including attorneys' fees. <br />The aforesaid defense, indemnity, and hold harmless provisions shall nat <br />be in effect from and after the date that the occurrence giving ~~.se to the <br />claim in question is determined by a court with jurisdiction over the matter <br />to have been caused solely by the willful conduct or negligence of the City, <br />its officers or employees, Until the date of such judicial determination, the <br />defense, hold harmless and indemnification provisions shall be in full force <br />and effect and in the event of such judicial detenmination, the City shall <br />reimburse the Licensee 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 Licensee agrees to indemnify, <br />defend, and hold harmless tlae City of Ells River, its Council members, <br />officers, and employees from any claims ar damages arising out of any acts <br />or omissions on the part of the Licensee and any of the participating <br />counties or their commissioners, agents, or employees in the performance <br />of the counties' contractual obligations under the agreements with the <br />7 <br />
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