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limited to, any and all actions, claims, requirements, or claims for <br />damages arising out of the granting of this Permit for the Facility. <br />The indemnities provided in this paragraph B are subject to the <br />limits of liability set forth in Minnesota Statutes Sections 46.04 <br />and 466.06, as amended from time to time, if effective as to the <br />particular indemnified action or claim. Nothing in this Permit is <br />intended to waive the immunities to which the City is entitled by <br />law. <br />C. The Permittee waives and releases the City from all claims, direct <br />or indirect, arising or claimed to have arisen out of all actions or <br />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 />2~4. 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 Air Emission Facility <br />Permit No. 14100003-003 or NPDES Permit No. MN0001988 by <br />the Permittee shall entitle the City to any and all remedies <br />available at law or in equity. If the City determines that such <br />violation results in a clear and imminent danger to the health and <br />safety of the City's residents, the City's remedies shall include <br />immediate cessation of operation or construction, or both, without <br />the necessity of a judicial order in advance of the same. In all <br />other instances, the immediate cessation remedy shall be preceded <br />by a hearing as 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 />6 <br />