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47. <br /> <br />48. <br /> <br />49. <br /> <br />50. <br /> <br />51. <br /> <br />52. <br /> <br />(1) <br />(2) <br />(3) <br /> <br />Injury or death of one person - $250,000. <br />Injury to more than one person in a single accident - $250,000. <br />Property damage - $250,000. <br /> <br />Insurance coverage as specified in paragraphs (i) and (ii) shall-be carried for the term <br />t~at aluminum processing operations are conducted. <br /> <br />(c) <br /> <br />~pon commencement of this CUP, the Permit Holder shall deliver to the City an <br />{xecuted indemnification agreement in the form of Exhibit 'A' attached hereto. <br /> <br />R{~ht l¢~Reauire Performance. The failure of the City at any time to require performance by <br />thC Per, it Holder of any provisions herein shall in no way effect the right of the City <br />thereaft.~r to enforce the same. Nor shall waiver by the City of any breach of any of the <br />provisions hereof be taken or held to be a waiver of any succeeding breach of such provision <br />or as a qtaiver of any provisions itself. <br /> <br />Severabjlity.. If a.ny provision of this CUP shall be declared void or unenforceable, the other <br />provisiohs shall not be affected, but shall remain in full force and effect. <br /> <br />Modifiqgtio.n. This CUP constitutes the entire agreement and understanding between the <br />parties llereto with respect to this CUP. This CUP shall not be considered modified, altered, <br />changed or amended in any respect unless in writing and signed by the City and the Permit <br />Holder. <br /> <br />Amendtpent, Su~pen~ign or Revocation of CLIP. The violation of any of the material terms <br />of this (.'UP is grounds for suspension or revocation hereof consistent with applicable law. <br />Furthermore, the City specifically reserves the right to amend, suspend or revoke this CUP <br />consistent with applicable !aw as reasonably required to protect the public health, safety and <br />welfare md the environment. Specifically, but without limitation the foregoing, the City may <br />amend, isuspend or revoke this CUP consistent with applicable law if the City Council <br />reasonably determines that continued operation of the aluminum processing facility places the <br />public h~alth, safety or welfare or the environment in jeopardy. <br />Vmlat~n of Condmons. If the Permit Holder or ~ts successors or assigns wolates any <br />materiallterm or condition imposed by this CUP, it may be revoked and terminated consistent <br />with applicable law. Without limiting the foregoing, the violation of any statute, regulation, <br />ordinance or permit condition imposed by lawful governmental authority and governing <br />operatic/ps on the site is grounds for revocation and termination of this CUP consistent with <br />appIica~le law. The change, alteration or amendment or any such statute, regulation, <br />ordinance or permit condition by any governmental authority othdr than the City shall not <br />excuse ~e Permit Holder from compliance with statute, regulations, ordinances or CUP <br />conditions in effect on the date of the original issuance of this permit 6nless compliance is <br />waived (hr excused by the City. <br /> <br />Nonassignability of CUP. Any rights conferred on Alloy Recovery Company by this CUP <br />are personal to the Permit Holder. The City is issuing this cup on the basis of the credit and <br />reputati(pn of the Permit Holder. The Permit Holder shall not assign or transfer this CUP <br />without ~rst obtaining approval of the City which may allow or disallow such transfer in its <br />absolute~ and sole discretion. 'In the event of transfer, the CUP shall apply to the Permit <br />Holdersl.successors and assigns. In the event the City declines for any reason to allow the <br />transferiof this CUP, the Permit Holder shall either continue with aluminum processing <br />operations in full compliance with the terms of this CUP or terminate aluminum processing <br />operatiohs at its option.' <br /> <br />7/ <br /> <br /> <br />