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<br />C. <br /> <br />e <br /> <br />The Permittee waives and releases the City from all <br />claims, direct or indirect, arising or claimed to <br />have arisen out of all actions or inactions <br />relating to the City's consideration or issuance of <br />the Permit. <br /> <br />D. The Permittee shall reimburse the City for all <br />costs incurred in enforcement of this Permit, <br />including consultant and attorneys' fees. Failure <br />by Permittee to reimburse City within forty-five <br />(45) days of receiving an invoice for any costs for <br />which reimbursement is required by the terms of <br />this License or the Conditional Use Permit or the <br />License for the Facility, shall be cause for <br />revocation of this Permit. <br /> <br />22. Miscellaneous: <br /> <br />A. This Permit and its conditions shall be binding <br />upon the Permittee and its successors and assigns. <br />The assignment by the Permittee of its interest in <br />the Facility shall not relieve it of responsibility <br />and liability under this Permit without the written <br />consent of the City, which consent shall not be <br />unreasonably withheld. <br /> <br />B. <br /> <br />e <br /> <br />D. <br /> <br />e <br /> <br />Violation of the terms of this Permit or of MPCA <br />Permit No. 8W-305 or Air Emission Facility Permit <br />No. 147A-86-0T-l by the Permittee shall entitle the <br />City to any and all remedies available at law or in <br />equity. If the City determines that such violation <br />results in a clear and imminent danger to the <br />health and safety of the City's residents, the <br />City's remedies shall include immediate cessation <br />of operation or construction, or both, without the <br />necessity of a judicial order in advance of the <br />same. In all other instances, the immediate <br />cessation remedy shall be preceded by a hearing as <br />provided by City ordinance. <br /> <br />C. If any portion, section, subsection, sentence, <br />clause, paragraph, or phrase of this Permit is for <br />any reason held invalid, such decision shall not <br />effect the validity of the remaining portions of <br />the Permit. <br /> <br />The action or inaction of the City shall not <br />constitute a waiver or amendment to the provisions <br />of this Permit. To be binding, amendments or <br />waivers shall be in writing, signed by the <br />Permittee, and approved by written resolution of <br />the City Council. The City's failure to promptly <br />take legal action to enforce this Permit shall not <br />be a waiver or release. <br /> <br />6. <br />