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3.- ~;llJ~7~ All nonces or other commumcatlons reqmred or permmed hereunder shall be <br />in writing and ~hO! be deemed given when hand delivered to the City Administrator of the CITY or <br />to an officer io~ P~RMIT HOLDER or to INDIVIDUAL, or when mailed by registered or certified <br />United States ~! postage prepaid, addressed as follows: <br /> <br /> To the CITY: City Administrator <br /> ~ City of Ramsey Municipal Center <br /> 15153 Nowthen Boulevard N.W. <br /> Ramsey, MN 55303 <br /> With airy to: <br /> <br />With a ~Copy to: <br /> <br /> William K. Goodrich <br /> 2140 Fourth Avenue North <br /> Anoka, MN 55303 <br /> <br />To PE .RMiT. HOLDER OR INDIVIDUAL: <br /> Daniel W. Karst, .Ir. <br /> Danny's Aluminum Processing, Inc. <br /> 14050 Basalt Road <br /> Ramsey, MN 55303 <br /> <br /> Sharon R. Watson <br /> P.O. Box 12055 <br /> New Brighton, MN 55I 12 <br />Change of adcl~.es~ by either party shall be by notice given to the other in the same manner as above <br />specified. <br /> <br /> 4. ~ ~ ff any action or proceeding shall be brought or asserted against the CITY in <br />respect of whlCh fldemnity may be sought from PERMIT HOLDER and/or INDIVIDUAL, the <br />CITY shall Pn!m :ly notify PERMIT HOLDER and/or INDIVIDUAL in writing, and PERMIT <br />HOLDER and ~o~ NDIVIDUAL shall assume the defense thereof, including the employment of <br />counsel and <br /> ,ayment of all expenses. The CITY shall have the right to employ separate <br />counsel in any [su :~ action and to participate in the defense thereof, but the fees and expenses of <br />such counsel ~ha .ibc the expenses of the CITY unless the named parties to any such action or <br />proceeding (ig~l~ fling any impleaded parties) include both the CITY and PERMIT HOLDER <br />and/or INDIV] D1 ')kl_,, and the CITY shall have been advised by counsel that there may be one or <br />more legal deft in: 4 available to the CITY which are different from or additional to those available <br />to PERMIT :~!O dTM and/or INDIVIDUAL (in which case, if the CITY notifies PERMIT <br />HOLDER anc~ br [I~IDIVIDUAL in writing that the CITY elects to employ separate counsel at the <br />expense of PEi ~ ~ HOLDER and/or INDIVIDUAL, PERMIT HOLDER and/or INDIVIDUAL <br />shall not have '~¢ right to assume the defense of such action or proceeding on behalf of the CITY, <br />it being und~st, <br /> <br />connection wi~ <br />actions or pro! <br />circumstano~, <br />attorneys at: ar <br />PERMIT HOIZ <br />or proceeding ;~ <br />be a final judg~ <br />INDIVIDUAl. <br />liability by ~ <br /> <br /> 5. Ge <br />accordance wi~ <br /> <br /> 0d, however, that PERMIT HOLDER and/or INDIVIDUAL shall not, in <br />, a~,~/one such actions or proceeding or separate but substantially similar or related <br />:e~ng in the same jurisdiction arising out of the same general allegations or <br />b~ liable for the reasonable fees and expenses of more than one separate firm of <br />~ ~i~ne for the CITY, which firm shall be designated in writing by the CITY.) <br />}F~: '~ and/or INDIVIDUAL shall not be liable for any settlement of any such action <br />ff~:t without its written consent, but if settled with its written consent, or if there <br />ae~i for the plaintiff in any such action or proceeding, PERMIT HOLDER and/or <br />i ag~es to indemnify and hold harmless the CITY from and against any loss or <br />~nr, kff such settlement or judgment. <br /> <br />ve~in~ Law. This Agreement shall be construed, performed and enforced in <br />~ Mihn~sota law. <br /> ,[ <br /> <br /> <br />