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C. The Permittee waives and releases the City from all claims, direct <br />or indirect, arising or claimed to have arisen out of all actions or <br />inactions relating to the City's consideration or issuance of the <br />Permit. <br />D. The Permittee shall reimburse the City for all costs incurred in <br />enforcement of this Permit, including consultant and attorneys' <br />fees. Failure by Permittee to reimburse City within forty-five (45) <br />days of receiving an invoice for any costs for which reimbursement <br />is required by the terms of this License or the Conditional Use <br />Permit or the License for the Facility, shall be cause for revocation <br />of this Permit. <br />22. Miscellaneous: <br />A. This Permit and its conditions shall be binding upon the Permittee <br />and its successors and assigns. The assignment by the Permittee of <br />its interest in the Facility shall not relieve it of responsibility and <br />liability under this Permit without the written consent of the City, <br />which consent shall not be unreasonably withheld. <br />B. Violation of the terms of this Permit or Air Emission Facility <br />Permit No. 14100003-003 or NPDES Permit No. MN0001988 by <br />the Permittee shall entitle the City to any and all remedies <br />available at law or in equity. If the City determines that such <br />violation results in a clear and imminent danger to the health and <br />safety of the City's residents, the City's remedies shall include <br />immediate cessation of operation or construction, or both, without <br />the necessity of a judicial order in advance of the same. In all <br />other instances, the immediate cessation remedy shall be preceded <br />by a hearing as provided by City ordinance. <br />C. If any portion, section, subsection, sentence, clause, paragraph, or <br />phrase of this Permit is for any reason held invalid, such decision <br />shall not affect the validity of the remaining portions of the Permit. <br />D. The action or inaction of the City shall not constitute a waiver or <br />amendment to the provisions of this Permit. To be binding, <br />amendments or waivers shall be in writing, signed by the <br />Permittee, and approved by written resolution of the City Council. <br />The City's failure to promptly take legal action to enforce this <br />Permit shall not be a waiver or release. <br />23. Notices. Required notice to the Permittee shall be in writing, and shall be <br />either hand delivered to the Permittee, its employees or agents, or mailed to <br />the Permittee by certified or registered mail at the following address: <br />6 <br />