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The Pennittee waives and releases the City from all claims, direct or <br />indirect, arising or claimed to have arisen out of all actions or inactions <br />relating to the City's consideration or issuance of the Permit. <br /> <br />The Pemaittee shall reimburse the City for all costs incurred in <br />enforcement of this Pem~it, including consultant and attorneys' fees. <br />Failure by Permittee to reimburse City within forty-five (45).days of <br />receiving an invoice for any costs for which reimbursement is required by <br />the tenns of this Conditional Use Permit or the License for the Facility, <br />shall be cause for revocation of this Pemqit. <br /> <br />21. <br /> <br />22. <br /> <br />Miscellaneous: <br /> <br />This Pem~it and its conditions shall be binding upon each of the <br />Pennittees, jointly and severally, referred to collectively in this Penrtit in <br />the singular as Pemaittee, and the successors and assigns of any one of <br />them. The assignment by any Permittee of its interest in the Facility shall <br />not relieve it of responsibility and liability under this Permit without the <br />written consent of the City, which consent shall not be ulzreasonably <br />withheld. <br /> <br />Violation of the terms of this Permit or ofMPCA Pernnit No. SW-305 or <br />Air Emission Facility Pern~it No. 14100003 0Ol 14100003~003 by the <br />Permittee shall entitle the City to any and all remedies available at law or <br />in equity. If the City determines that such violation results in a clear and <br />imminent danger mt-eh i$th~ health and safety of the City's residents, the <br />City's remedies shall include immediate cessation of operation or <br />construction, or both, without the necessity of a judicial order in advance <br />of the same. In all other instances, the immediate cessation remedy shall <br />be preceded by a judicial order. A revocation or suspension of this Permit <br />shall be only as to the violating component of the Facility, not as to the <br />components not in violation. <br /> <br />Co <br /> <br />If any portion, section subsection, sentence, clause, para~aph, or phrase <br />of this Pennit is for any reason held invalid, such decision shall not affect <br />the validity of the remaining portions of the Permit. <br /> <br />The action or inaction of the City shall not constitute a waiver or <br />amendment to the provisions of this Permit. To be binding, amendments <br />or waivers shall be in writing, signed by the Pem'fittee, and approved by <br />written resolution of the City Council. The City's failure to promptly take <br />legal action to enforce this Permit shall not be a waiver or release. <br /> <br />Notices: Required notice to the Pennittee shall be in writing, and shall be <br />either hand delivered to the Pennittee, its employees or agents, or mailed to <br />the Pernnittee by certified or registered mail at the following addresses: <br /> <br />s: ~ b&,z \, stever ~ nrgcup, doc 7 <br /> <br /> <br />