Agenda - Council - 09/22/1992 - Laserfiche WebLink

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! I I I I i I 3. ~i All notices or other communications required or permitted hereunder shall be in writing ~--d~h~l be deemed given when hand delivered to the City Adminisu'ator of the CITY or to an officer o~f PI~RMIT HOLDER or to INDIVIDUAL, or when mailed by registered or certified United States,mai1, postage prepaid, addressed as follows: To the CITY: City Administrator City of Ramsey Municipal Center 15153 Nowthen Boulevard N.W. Ramsey, MN 55303 With a CoPy to: William K. Goodrich 2140 Fourth Avenue North Anoka, MN 55303 To PERMIT HOLDER OR INDIVIDUAL: Daniel W. Karst, Jr. Danny's Aluminum Processing, Inc. 14050 Basalt Road Ramsey, MN 55303 I I I I I ;I I I I I I With ~t Copy to: Sharon R. Watson · , P.O. Box 12055 New Brighton, MN 55112 Change of ad, res! by either party shall be by notice given to the other in the same manner as above specified. · ; 4. DefenSe. If any action or proceeding shall be brought or asserted against the CITY in respect of Wl~ich ~ndemnity may be sought from PERMIT HOLDER and/or INDIVIDUAL, the CITY shall gr_0rnpfly notify PERMIT HOLDER and/or INDIVIDUAL in writing, and PERMIT HOLDER. ~.,d/0~ INDIVIDUAL shall assume the defense thereof, including the employment of counsel anti !the payment of all expenses. The CITY shall have the fight to employ separate counsel in ar~y st/ch action and to participate in the defense thereof, but the fees and expenses of such couns~!ishall be the expenses of the CITY unless the named parties to any such action or proceeding .Oncl~lding any impleaded parties) include both the CITY and PERMIT HOLDER and/or ~I .V,ID1JAL, and the CITY shall have been advised by counsel that there may be one or more leg~ fl!fen,' es available to the CITY which are different from or additional to those available to PE .R~HOLDER and/or INDIVIDUAL (in which case, if the CITY notifies PERMIT HOLDER. griper INDIVIDUAL in writing that the CITY elects to employ separate counsel at the expense of PERi~ liT HOLDER and/or INDIVIDUAL, PERMIT HOLDER and/or INDIVIDUAL shall not have th right to assume the defense of such action or proceeding on behalf of the CITY, it being u~ders~x)d, however, that PERMIT HOLDER and/or INDIVIDUAL shall not, in connection with ~i.ny one such actions or proceeding or separate but substantially similar or related actions or }Piocekding in the same jurisdiction arising out of the same general allegations or crrcumstar~ ~s, b& hable for the reasonable fees and expenses of more than one separate firm of attorneys it ~ny Itime for the CITY, which firm shall be designated in writing by the CITY.) PERMIT HOLDER and/or INDIVIDUAL shall not be liable for any settlement of any such action or proceecl~ni[ effl~cted without its written consent, but if settled with its written consent, or if there be a final j_~dgrm[nt for the plaintiff in any such action or proceeding, PERMIT HOLDER and/or INDIVIDIj~L a~rees to indemnify and hold harmless the CITY from and against any loss or liability by r~asofl of such settlement or judgment. ~ . 5. Governing LOw, This Agreement shall be construed, performed and enforced in accordance With Minnesota law.