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12-19-1995
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6.7
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action or claim. Nothing in this Permit is intended to waive the <br /> • immunities to which the City is entitled by law. <br /> C. The Permittee 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 /> D. The Permittee shall reimburse the City for all costs incurred in <br /> enforcement of this Permit, 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 <br /> by the terms of this Conditional Use Permit or the License for the <br /> Facility, shall be cause for revocation of this Permit. <br /> 22. Miscellaneous: <br /> A. This Permit and its conditions shall be binding upon each of the <br /> Permittees, jointly and severally, referred to collectively in this Permit <br /> in the singular as Permittee, and the successors and assigns of any one <br /> of them. The assignment by any Permittee of its interest in the Facility <br /> shall not relieve it of responsibility and liability under this Permit <br /> without the written consent of the City, which consent shall not be <br /> unreasonably withheld. <br /> • B. Violation of the terms of this Permit or of MPCA Permit No. SW-305 <br /> or Air Emission Facility Permit No. 147A-86-0T-1 by the Permittee <br /> shall entitle the City to any and all remedies available at law or in <br /> equity. If the City determines that such violation results in a clear and <br /> imminent danger to the 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 <br /> advance of 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 component of <br /> the Facility, not as to the components not in violation. <br /> C. If any portion, section, subsection, sentence, clause, paragraph, or <br /> phrase of this Permit is for any reason held invalid, such decision shall <br /> not effect the validity of the remaining portions of 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 Permittee, <br /> and approved by written resolution of the City Council. The City's <br /> PXB 103258 7. <br />
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