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24.) Waiver and Claims. The Licensee waives and releases the City from all claims, direct or
<br />indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's
<br />consideration or issuance of the License.
<br />25.) Right to Require Performance. The failure of the City, at any time, to require performance
<br />by Licensee of any provisions hereof, or to promptly take legal action to enforce this License, shall
<br />in no way be a waiver or release or affect the right of the City thereafter to enforce the same. Nor
<br />shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a
<br />waiver of any succeeding breach of such provision or as a waiver of any provision itself.
<br />26.) Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of
<br />this License, the Permit, the MPCA Permit or the Solid Waste Facilities Ordinance is for any
<br />reason held invalid, such decision shall not affect the validity of the remaining portions of this
<br />License, the Permit, the MPCA Permit or the Solid Waste Facilities Ordinance.
<br />27.) Amendments or Waivers in Writing. To be binding, amendments or waivers to any term of
<br />this License shall be in writing, signed by the Licensee, and approved by written resolution of the
<br />City Council.
<br />28.) Conflicts. In any cases in which Licensee believes there is an irreconcilable conflict
<br />between the requirements of this License and laws, rules, regulations, or order of any other
<br />governmental authority, Licensee shall promptly notify the City of such irreconcilable conflict and
<br />request an amendment of this License. Until such time as the City acts upon a request for an
<br />amendment to this License, which it may grant or deny in its sole discretion, the terms of this
<br />License shall govern all operations at the liaeili~}~Project facilities and shall prevail over the
<br />provisions of any document submitted by the Licensee any requirements of state for federal law.
<br />The City shall not unreasonably refuse to amend this License or waive compliance with this
<br />License in order to prevent violation of the law.
<br />29.) Modification, Suspension, or Revocation of License. This License is subject to suspension
<br />and/or revocation pursuant to the procedures and standards set forth in Chapter 58, Article III of
<br />the City Code. The violation of any of the terms of this License is ground for suspension or
<br />revocation hereof. Furthermore, the City specifically reserves the right, and Licensee agrees, that
<br />this License may be amended, suspended, or revoked by the City as reasonably required to protect
<br />the public health, safety, welfare, and the environment. Specifically, but without limiting the
<br />foregoing, the City may amend, suspend, or revoke this License, whenever any reliable
<br />information is secured from a recognized source which demonstrates that the continued operation
<br />of the 11asi~i~yProiect places the public health, safety, welfare, or the environment in jeopardy.
<br />Such information includes, but is not limited to a determination that emissions generated by the
<br />~yProject threaten the public health, safety, or general welfare (other than as indicated in the
<br />License application).
<br />Without limiting the forgoing, the City reserves the right to amend this License to impose upon
<br />Licensee the obligation to comply with any state or federal law or regulation relating to the
<br />operation of the ~aeilityProject, whether or not said laws or regulations apply by their terms to
<br />preexisting facility. Suspension, revocation or amendment of this License may be ordered only
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