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5.2
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1999
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11-23-1999
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5.2
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inactions relating to the City's consideration or issuance of the <br /> 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 (45) <br /> days of receiving an invoice for any costs for which reimbursement <br /> is required by the terms of this License or the Conditional Use <br /> Permit or the License for the Facility, shall be cause for revocation <br /> of this Permit. <br /> 22. Miscellaneous: <br /> A. This Permit and its conditions shall be binding upon the Permittee <br /> and its successors and assigns. The assignment by the Permittee of <br /> its interest in the Facility shall not relieve it of responsibility and <br /> liability under this Permit without the written consent of the City, <br /> 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 or NPDES Permit No. MN0001988 by the Permittee shall <br /> 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 . <br /> and imminent danger to the health and safety of the City's <br /> residents, the City's remedies shall include immediate cessation of <br /> operation or construction, or both, without the necessity of a <br /> judicial order in advance of the same. In all other instances, the <br /> immediate cessation remedy shall be preceded by a hearing as <br /> provided by City ordinance. <br /> C. If any portion, section, subsection, sentence, clause,paragraph, or <br /> phrase of this Permit is for any reason held invalid, such decision <br /> shall not affect 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 <br /> Permittee, and approved by written resolution of the City Council. <br /> The City's failure to promptly take legal action to enforce this <br /> Permit shall not be a waiver or release. <br /> 23. Notices. Required notice to the Permittee shall be in writing, and shall be <br /> either hand delivered to the Permittee, its employees or agents, or mailed to <br /> the Permittee by certified or registered mail at the following address: <br /> 6 <br />
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