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C . The Permittee waives and releases the City from <br /> • all claims, direct or indirect, arising or <br /> claimed to have arisen out of all actions or <br /> inactions relating to the City' s consideration or <br /> issuance of the Permit . <br /> D. The Permittee shall reimburse the City for all <br /> costs incurred in enforcement of this Permit, <br /> including consultant and attorneys ' fees . <br /> Failure by Permittee to reimburse City within 45 <br /> days of receiving an invoice for any costs for <br /> which reimbursement is required by the terms of <br /> this Conditional Use Permit or the License for <br /> the Facility, shall be cause for revocation of <br /> this Permit . <br /> 22 . Miscellaneous : <br /> A. This Permit and its conditions shall be binding <br /> upon each of the Permittees, jointly and <br /> severally, referred to collectively in this <br /> Permit in the singular as Permittee, and the <br /> successors and assigns of any one of them. The <br /> assignment by any Permittee of its interest in <br /> the Facility shall not relieve it of <br /> responsibility and liability under this Permit <br /> without the written consent of the City, which <br /> • consent shall not be unreasonably withheld. <br /> B. Violation of the terms of this Permit or of MPCA <br /> Permit No. SW-305 or Air Emission Facility Permit <br /> No. 147A-86-OT-1 by the Permittee shall entitle <br /> the City to any and all remedies available at law <br /> or in equity. If the City determines that such <br /> violation results in a clear and imminent danger <br /> to the health and safety of the City' s residents, <br /> the City' s remedies shall include immediate <br /> cessation of operation or construction, or both, <br /> without the necessity of a judicial order in <br /> advance of the same. In all other instances, the <br /> immediate cessation remedy shall be preceded by a <br /> judicial order. A revocation or suspension of <br /> this Permit shall be only as to the violating <br /> component of the Facility, not as to the <br /> components not in violation. <br /> C. If any portion, section, subsection, sentence, <br /> clause, paragraph, or phrase of this Permit is <br /> for any reason held invalid, such decision shall <br /> not effect the validity of the remaining portions <br /> of the Permit . <br /> • D. The action or inaction of the City shall not <br /> constitute a waiver or amendment to the <br /> 8 . <br />