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Licensee, from any strict liability imposed upon the City pursuant to Minn.
<br />Stat, 115b,01, e~, se ,far the release of hazardous waste at the Facility and
<br />from any remedial actions, clean-ups, removal, closu~•e, post-closure
<br />activities, or monitoring requirements or costs associated therewith. This
<br />indemnity, hold harmless, and defense obligation of the part of the
<br />Licensee shall include, but not be limited to, any and all actions, claims,
<br />requirements, or claims for damages arising out of the granting of this
<br />License for the Facility. The indemnities provided in this paragraph 23 are
<br />subject to the limits of liability set forth in Minnesota Statutes Sections
<br />466.04 and 466,06, as amended from time to time, if effective as to the
<br />particular indemnified action or claim. Nothing in this License is intended
<br />to waive the immunities to which the City is entitled by law,
<br />2;23, waiver and Claims. The Licensee waives and releases the City
<br />from all claims, direct or indirect, arising or claimed to have arisen out of
<br />all actions or inactions relating to the City's consideration or issuance of
<br />the License.
<br />~-3;24, Costs. The Licensee shah reimburse the City for all casts incurred
<br />in enforcement of this License, including consultant and attorneys' fees, as
<br />provided in Chapter 5S, article ~~~ of the City Code. Failure by Licensee to
<br />reimburse City within forty-five X45} days of receiving an invoice for any
<br />costs for which reimbursement is required by the terms of this License or
<br />the Conditional Use Permit for the Facility, shall be cause for revocation of
<br />this License,
<br />~4 ;25, License Binding, This License and its conditions shall be binding
<br />upon Licensee and its successors and assigns. The assignment by Licensee
<br />of 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 />2~:26.~ Severabilit~. 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 portions of the
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<br />License.
<br />x;27. A~nend~nents or waivers in writing, The action or inaction of the
<br />City sha11 not constitute a waiver or amendment to the provisions of this
<br />License. To be binding, amendments or waivers shall be in writing, signed
<br />by the Licensee, and approved by written resolution of the City Council,
<br />The City's failure to promptly tale legal action to enforce this License shall
<br />not be a waiver or release,
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