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Permittee shall include. but not be limited to, any and all actions, claims, requirements, or claims
<br />for damages arising out of the granting of this Permit for the P-asi-lit-yProiect facilities or any
<br />variance associated with the height of the ~epese~processing ~a~-4iFy-facili and the inability of
<br />the City to properly respond to tire calls at the °~°^°°°~~~- ~'°^~'~*~~ facility due to the limitations of
<br />its equipment or personnel, but shall not include willful and unjustitied failure to respond to fire
<br />calls at the °«^^°°°~^^ °°^~'~'•~facility. The indemnities provided in this paragraph are subject to
<br />the limits of liability set forth in Minnesota Statutes Section 466.06, as amended from time to time,
<br />if effective as to the particular indemnified action or claim. Nothing in this Permit is intended to
<br />waive the immunities to which the City is entitled by law. The Permittee waives and releases the
<br />City from all claims, direct 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 Permit.
<br />,~ ..... .».. ,..... .,. »... ~. .~, .».~..... ., ._7».._r___~_.__»_.__
<br />err:
<br />165.) Severability. if any provision of this Permit shall be declared void or unenforceable, the
<br />other provisions shall not be affected, but shall remain in full force and effect.
<br />1756.) Amendment. This Permit shall not be considered moditied, altered, changed, or amended
<br />in any respect unless approved by the City Council as required by City Ordinance.
<br />18617.) Conflicts. In any cases in which Permittee believes there is an irreconcilable conflict
<br />between the requirements of this Permit and laws, rules, regulations, or order of any other
<br />governmental authority, Permittee shall promptly notify the City of such irreconcilable conflict
<br />and request an amendment of this Permit. Until such time as the City acts upon a request for an
<br />amendment to this Permit, which it may grant or deny in its sole discretion, the terms of this
<br />Permit shall govern all operations at the liae-i4i~yProject and shall prevail over the provisions of any
<br />document submitted by the Permittee any requirements of state for federal law. The City shall not
<br />unreasonably refuse to amend this Permit or waive compliance with this Permit in order to prevent
<br />violation of the law.
<br />199-)-8.) Modification, Suspension, or Revocation of Permit. This Permit is subject to
<br />suspension and/or revocation pursuant to the procedures and standards set forth in Chapter 58,
<br />Article [11, of the City Code. The violation of any of the terms of this Permit is ground for
<br />suspension or revocation hereof. Furthermore, the City specitically reserves the right, and
<br />Permittee agrees, that this Permit may be amended, suspended, or revoked by the City as
<br />reasonably required to protect the public health, safety, welfare, and the environment.
<br />Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this
<br />Permit, whenever any reliable information is secured from a recognized source which
<br />demonstrates that the continued operation of the ~asifi~}~Project places the public health, safety,
<br />welfare, or the environment in jeopardy. Such information includes, but is not limited to a
<br />determination that emissions generated by the Facility threaten the public health, safety, or general
<br />welfare.
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