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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 /> 22. Miscellaneous: <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 any one 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-OT-1 1410000- <br /> 0003 by the Permittee shall entitle the City to any and all <br /> 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 /> s:\b&z\stever\exhibita.doc 8 <br />