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amended from tune to time, if effective as to the particular indemnified <br />action or claim, Nothing in this Permit is intended to waive the <br />immunities to which the City is entitled by law. <br />C. The Per~nittee waives and releases the City from all claims, direct or <br />indirect, arising or claimed to laave arisen out of all actions o~• inactions <br />relating to the City's consideration or issuance of the Pei.nit. <br />D. The Permittee shall reimburse the City for all costs incurred in <br />enforcement of this Pez~nit, including consultant and attorneys' fees. <br />Failu~•e by Permittee to reimburse City within forty-f ve X45} days of <br />receiving an invoice for any costs for which reimbursement is required by <br />the terms of this Conditional Use Pe~nit or the License for tlae Facility, <br />shall be cause for revocation of this Permit. <br />X16. Miscellaneous: <br />A, This Permit and its conditions shall be binding upon each of the <br />Pertnittees, jointly and severally, referred to collectively in this Permit in <br />the singular as Pernaittee, and the successors and assigns of any one of <br />them. The assign~~aent by any Pennittee 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 />B. Violation of the terms of this Permit or of MPCA Permit No. Sw~305 or <br />Air Emission Facility Permit No, ~~:~~_l ~ OoO~~-~03 by the <br />Permittee shall entitle the City to any and all remedies available at law or <br />in equity, zf the City determines that such violation results in a clear and <br />imminent danger to the health and safety of the City's residents, the City's <br />remedies shall include immediate cessation of operation or construction, <br />or both, without the necessity of a judicial order in advance of the same, <br />Zn all other instances, the immediate cessation remedy shall be preceded <br />by a judicial order. A revocation or suspension of this Permit shall be <br />only as to the violating component of the Facility, not as to the <br />components not in violation. <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 />D, The action ar inaction of the City shall not constitute a waiver or <br />amendment to the provisions of this 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 />S~IPLANNTNG MAIN\Case FileslCUP\CU (~~~2 Resource Recovery Technologies\CUP <br />