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Page 8 (22) Odor i Odor from the hot-mix asphalt operation shall be controlled. If weather conditions make odor noticeable, the percentage of recycled asphalt shall be reduced. If extreme odor problems persist, the plant may be ordered to temporarily shut down by city staff until weather conditions allow its reuse. If odor problems can not be resolved by the Operator, the Planning Commission for the City shall review the situation with a public hearing and make a recommendation to the City Council on whether or not the operation of the hot-mix asphalt plant shall be allowed to continue. (23) Other Permits The Operator shall obtain all state and federal permits appropriate to their operation and file copies of said permits with the City. 4.) General Provisions- (01) Permits- Operator agrees to comply with all of the provisions • hereof and agrees to save and hold the City harmless from any and all claims or actions arising from the operations of the Operator on the Property. (02) Binding Effect- The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Operation and shall be deemed covenants running with the land. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property, and all recording fees, if any, shall be paid by the Operator. (03) Severable- In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (04) Waiver- Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent • breach of this Agreement. s:\13&z\stever\gravcup.doc