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22. <br /> <br />intended to waive the immunities to which the City is entitled by <br />law. <br /> <br />The Permittee waives and releases the City frolT1 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 /> <br />The Permittee shall reimburse the City for all costs incurred in <br />enforcement of this Peri'nit, 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 Penmt. <br /> <br />Miscellaneous: <br /> <br />mo <br /> <br />This Pem~it and its conditions shall be binding upon the Pennittee <br />and its successors and assigns. The assigmnent by the Perrnittee 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 /> <br />Violation of the terms of this Permit or of MPCA Permit No. SW- <br />305 or Air Emission Facility Permit No. ~ 14100003~ <br />003 or NPDES Penrtit No. MN0001988 by the Pennittee shall <br />entitle the City to any and all remedies available at law or in <br />equity. If the City detennines that such violation results in a clear <br />and imminent danger to the health and safety of the City's <br />residents, the City's remedies shall include immediate cessation of <br />operation or construction, or both, without the necessity of a <br />judicial order in advance of the same. In all other instances, the <br />immediate cessation remedy shall be preceded by a hearing as <br />provided by City ordinance. <br /> <br />Co <br /> <br />If any portion, section, subsection, sentence, clause, paragraph, or <br />phrase of this Penrtit is for any reason held invalid, such decision <br />shall not affect the validity of the remaining portions of the Permit. <br /> <br />Do <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, <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 /> <br /> <br />