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20.) Worker's Compensation. The Licensee shall carry in a company <br />authorized to transact business in the State of Minnesota a policy of <br />insurance fulfilling all requirements of the Worker's Compensation Act, <br />including all legal requirements for occupational diseases, or self-insure <br />for the above. <br />21.) Split Sam lames. The Licensee shall notify the City forty-eight (48) <br />hours before any sampling of groundwater or surface water and allow the <br />City at its expense to obtain split samples of such waters. <br />22.) Right to Require Performance. The failure of the City, at any time, <br />to require performance by the Licensee of any provisions hereof shall in <br />no way affect the right of the City thereafter to enforce the same. Nor shall <br />waiver by the City of any breach of any of the provisions hereof be taken <br />or held to be a waiver of any succeeding breach of such provision or as a <br />waiver of any provision itself. <br />23.) Severability. If any provision of this License shall be declared void <br />or unenforceable, the other provisions shall not be affected, but shall <br />remain in full force and effect. <br />24.) Amendment. This License shall not be considered modified,. <br />altered, changed, or amended in any respect unless approved by the City <br />Council as required by City Ordinance. <br />25.) Fees. The Licensee shall pay the Host Community Fee (HCF) <br />provided for in the Host Community Agreement entered into between the <br />Licensee and City on September 15, 2003. If Licensee fails to pay the <br />HCF, for any reason, Licensee shall then pay the Landfill Abatement <br />Surcharge authorized by Minn. Stat. § 115A.921, Subd. 1 (the Surcharge). <br />The Surcharge shall be paid directly to the City on a monthly basis, and <br />shall be accompanied by an accurate report on the amount and type of <br />solid waste disposed of in the landfill each day during the month. The <br />Surcharge due for each month shall be received by the City no later than <br />the thirtieth calendar day of the succeeding month. Failure to pay the <br />Surcharge when due shall be cause for revocation of this License and shall <br />be a violation of the conditions and requirements of this License for the <br />purposes of the related operations authorized by Section 3 of this License. <br />26.) Conflicts. In any cases in which the Licensee believes there is an <br />irreconcilable conflict between the requirements of this License and Laws, <br />Rules, Regulations, or Order of any other governmental authority, the <br />Licensee shall promptly notify the City of such irreconcilable conflict and <br />request an amendment of this License. Until such time as the City acts <br />upon a request for an amendment to this License, which it may grant or <br />deny in its sole discretion, the terms of this License. shall govern all <br />18 <br />