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1 <br /> <br /> 3. i~i$~. All notices or other communications required or permitted hereunder shall be <br />in writing ~d..~l be deemed given when hand delivered to the City Administrator of the CITY or <br />to an officer of PERMIT HOLDER or to INDIVIDUAL, or when mailed by registered or certified <br />United Stat*s mail, postage prepaid, addressed as follows: <br /> <br />To ~e CITY: <br /> <br />City Administrator <br />City of Ramsey Municipal Center <br />15153 Nowthen Boulevard N.W. <br />Ramsey, MN 55303 <br /> <br />With a Copy to: <br /> <br />William K. Goodrich <br />2140 Fourth Avenue North <br />Anoka, MN 55303 <br /> <br />To PERMIT HOLDER OR INDIVIDUAL: <br /> Daniel W. Karst, Jr. <br /> Danny's Aluminum Processing, Inc. <br /> 14050 Basalt Road <br /> Ramsey, MN 55303 <br /> <br /> Cha~ge of address by either party shall be by notice given to the other in the same manner <br />as above specified. <br /> <br /> 4-. ~ If any action or proceeding shall be brought or asserted against the CITY in <br />respect of W~hich indemnity may be sought from PERMIT HOLDER and/or INDIVIDUAL, the <br />CITY shall pro.raptly notify PERMIT HOLDER and/or INDIVIDUAL in writing, and PERMIT <br />HOLDER afad/or INDIVIDUAL shall assume the defense thereof, including the employment of <br />counsel an~!th~:payment of all expenses. The CITY shall have the right to employ separate <br />counsel in .SOy such action and to participate in the defense thereof, but the fees and expenses of <br />such coung~ shall be the expenses of the CITY unless theJnamed parties to any such action or <br />proceedin$ (including any impleaded parties) include both the CITY and PERMIT HOLDER <br />and/or INDIVIDUAL, and the CITY shall have been advised by counsel that there may be one or <br />more legal d~fenses available to the CITY which are different from or additional to those available <br />to PERMIT:HOLDER and/or INDIVIDUAL (in which case, if the CITY notifies PERMIT <br />HOLDER a. ~id/or INDIVIDUAL in writing that the CITY elects to employ separate counsel at the <br />expense of ~1~. RMIT HOLDER and/or INDIVIDUAL, PERMIT HOLDER and/or INDIVIDUAL <br />shall not ha¥te the right to assume the defense of such action or proceeding on behalf of the CITY, <br />it being uriderstood, however, that PERMIT HOLDER and/or INDIVIDUAL shall not, in <br />connection With any one such actions or proceeding or separate but substantially similar or related <br />actions or proceeding in the same jurisdiction arising out of the same general allegations or <br />circumstanc{s, be liable for the reasonable fees and expenses of more than one separate firm of <br />attorneys at !any time for the CITY, which firm shall be designated in writing by the CITY.) <br />PERMIT HOLDER and/or INDIVIDUAL shall not be liable for any settlement of any such action <br />or proceedil~g effected without its written consent, but if settled with its written consent, or if them <br />be a final jgd~gment for the plaintiff in any such action,or proceeding, PERMIT HOLDER and/or <br />INDIVID~J~L agrees to indemnify and hold harmless the. CITY from and against any loss or <br />liability by reason of such settlement or judgment. <br /> <br /> 5. ~.(3overnine Law. This Agreement shall be construed, performed and enforced in <br />accordance with Minnesota law. <br /> <br /> 6. ~ This Agreement shall be binding upon and shall inure to the benefit of the <br />parties hereto and their respective succtssors and assigns. <br /> <br /> <br />