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5 PCSR 04-27-1993
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5 PCSR 04-27-1993
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12 . ) Indemnity. The Permittee shall indemnify, defend, <br /> • and hold the City harmless from all claims, demands, and/or <br /> actions, legal and/or equitable arising from the operations on <br /> the Site . , <br /> 13 . ) Workers ' Compensation. The Permittee shall carry in <br /> a company authorized to transact business in the State of <br /> Minnesota a policy of insurance fulfilling all requirements of <br /> the Workers ' Compensation Act, including all legal requirements <br /> for occupational diseases, or self-insure for the above. <br /> 14 . ) Right to Require Performance. The failure of the <br /> City, at any time, to require performance by the Permittee of <br /> any provisions hereof shall in no way affect the right of the <br /> City thereafter to enforce the same. Nor shall waiver by the <br /> City of any breach of any of the provisions hereof be taken or <br /> held to be a waiver of any succeeding breach of such provision <br /> or as a waiver of any provision itself . <br /> 15 . ) Severability. If any provision of this Conditional <br /> Use Permit shall be declared void or unenforceable, the other <br /> provisions shall not be affected, but shall remain in full <br /> force and effect . <br /> i;r71747-74° <br /> _ 16 . ) Amendment. This Permit shall not be considered <br /> dified, altered, changed, or amended in any respect unless in <br /> writing and signed by the City and the Permittee. <br /> , .i •, �� � 17 . ) Conflicts . In any cases in which the Permittee <br /> r;'::'3 :;?ti lieves there is an irreconcilable conflict between the <br /> . *equirements of this Conditional Use Permit and Laws, Rules, <br /> .Y, v Regulations, or Order of any other governmental authority, the <br /> :,:!4 `: -''permittee shall promptly notify the City of such irreconcilable <br /> onflict and request an amendment of this Conditional Use <br /> ermit . Until such time as the City acts upon a request for an <br /> amendment to this Conditional Use Permit, which it may grant or <br /> deny in its sole discretion, the terms of this Permit shall <br /> govern all operations at the Site and shall prevail over the <br /> provisions of any document submitted by the Permit Holder and <br /> any requirements of state or federal law. The City shall not <br /> unreasonably refuse to amend this Permit or waive compliance <br /> with this Permit in order to prevent violation of the law. <br /> 18 . ) Modification, Suspension, or Revocation of Permit. <br /> The violation of any of the terms of this Permit is ground for <br /> suspension or revocation hereof . Furthermore, the City <br /> specifically reserves the right, and the Permittee agrees that <br /> this Permit may be amended, suspended, or revoked by the City <br /> as reasonably required to protect the public health, safety, <br /> welfare, and the environment. Specifically, but without <br /> limiting the foregoing, the City may amend, suspend, or revoke <br /> this Permit, whenever any reliable information is secured from <br /> • a recognized source which demonstrates that the continued <br /> operation of the facility places the public health, safety, <br /> 8 . <br /> 81 'd G 1966 l 0906 'ON / b0: I l E6 :GG 'G (nHi) NilAFIE NV JJOH N I}IEV 110dd <br />
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