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<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 /> <br />D. The Permittee shall reimburse the City for all costs incurred in <br />enforcement ofthis 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 by <br />the terms ofthis Conditional Use Permit or the License for the Facility, <br />shall be cause for revocation of this Permit. <br /> <br />21. Miscellaneous: <br /> <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 in <br />the singular as Permittee, and the successors and assigns of anyone of <br />them. The assignment by any Permittee of its interest in the Facility shall <br />not relieve it of responsibility and liability under this Permit without the <br />written consent of the City, which consent shall not be unreasonably <br />withheld. <br /> <br />B. Violation of the terms ofthis Permit or of MPCA Permit No. SW-305 or <br />Air Emission Facility Permit No. 14100003-003 by the Permittee shall <br />entitle the City to any and all remedies available at law or in equity. If the <br />City determines that such violation results in a clear and imminent danger <br />to the health and safety of the City's residents, the City's remedies shall <br />include immediate cessation of operation or construction, or both, without <br />the necessity of a judicial order in advance of the same. In all other <br />instances, the immediate cessation remedy shall be preceded by a judicial <br />order. A revocation or suspension of this Permit shall be only as to the <br />violating component of the Facility, not as to the components not in <br />violation. <br /> <br />C. If any portion, section subsection, sentence, clause, paragraph, or phrase <br />of this Permit is for any reason held invalid, such decision shall not affect <br />the validity of the remaining portions of the Permit. <br /> <br />D. The action or inaction of the City shall not constitute a waiver or <br />amendment to the provisions ofthis Permit. To be binding, amendments <br />or waivers shall be in writing, signed by the Permittee, and approved by <br />written resolution of the City Council. The City's failure to promptly take <br />legal action to enforce this Permit shall not be a waiver or release. <br /> <br />s:\b&e \stever\nrg\nrgcup.doc <br /> <br />7 <br />