Agenda - Planning Commission - 05/06/1997

Home

With a Copy to: To WMMI: With a Copy to: Change of address by either above specified. 4. Defense; William K. Goodrich 2140 Fourth Avenue North Anoka, MN 55303 Bruce Weaver Waste Management of Minnesota, Inc. P.O. Box 67 Ramsey, MN 55303 Edward M. Moersfelder Leonard, Street & Deinard 150 S. 5th Street, Suite 2300 Minneapolis, MN 55402 party shall be by notice given to the other in the same manner as If any action or proceeding shall be brought or asserted against the CITY in respect of which indenmity may be sought from WMMI, the CITY shall promptly notify WMMI in writing, and WMMI shall assume the defense thereof, including the employment of counsel and the payment of all expenses. The CITY shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall be the expense of the CITY unless the named parties to any such action or proceeding (including any impleaded parties) include both the CITY and WMMI, and the CITY shall have been advised by counsel that there may be one or more legal defenses available to the CITY which are different from or additional to those available to WMMI (in which case, if the CITY notifies WMMI in writing that the CITY elects to employ separate counsel at the expense ofWMMI, WMMI shall not have the right to assume the defense of such action or proceeding on behalf of the CITY, it being understood, however, that WMMI shall not, in connection with any one such actions or proceeding or separate but substantially similar or related actions or proceeding in the same jurisdiction arising out of the same general allegations I I I I I I I I' I I ! I I I