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<br />. <br /> <br />actions or inactions relating to the City's consideration or <br />issuance of the 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 <br />(45) days of receiving an invoice for any costs for which <br />reimbursement is required by the terms of this Conditional Use <br />Permit or the License for the Facility, shall be cause for <br />revocation of this Permit. <br /> <br />22. <br /> <br />Miscellaneous: <br /> <br />. <br /> <br />A. This Permit and its conditions shall be binding upon each of the <br />Permittes, jointly and severally, referred to collectively in this <br />Permit in the singular as Permittee, and the successors and <br />assigns of anyone of them. The assignment by any Permittee of <br />its interest in the Facility shall not relieve it of responsibility <br />and liability under this Permit without the written consent of <br />the City, which consent shall not be unreasonably withheld. <br />B. Violation of the terms of this Permit or of MPCA Permit No. SW- <br />305 or Air Emission Facility Permit No. 147A-86-0T-l <br />14100003-001 by the Permittee shall entitle the City to any and <br />all remedies available at law or in equity. If the City determines <br />that such violation results in a clear and imminent danger tot eh <br />health and safety of the City's residents, the City's remedies <br />shall include immediate cessation of operation or construction, <br />or both, without the necessity of a judicial order in advance of <br />the same. In all other instances, the immediate cessation <br />remedy shall be preceded by a judicial order. A revocation or <br />suspension of this Permit shall be only as to the violating <br />component of the Facility, not as to the components not in <br />violation. <br />C. If any portion, section subsection, sentence, clause, paragraph, <br />or phrase of this Permit is for any reason held invalid, such <br />decision shall not affect the validity of the remaining portions of <br />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 <br />Council. The City's failure to promptly take legal action to <br />enforce this Permit shall not be a waiver or release. <br /> <br />. <br /> <br />s: \b&z \stever \exhibita.doc <br /> <br />8 <br />