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47. <br /> <br />48. <br /> <br />49. <br /> <br />50. <br /> <br />51. <br /> <br />52. <br /> <br /> (1) Injury or death of one person - $250,000. <br /> (2) Injury to more than one person in a single accident - $250,000. <br /> (3) Property damage - $250,000. <br /> <br /> insurance coverage as specified in paragraphs (i) and (ii) shall be carried for the term <br /> {hat aluminum processing operations are conducted. <br /> <br /> (c) Upon commencement of this CLIP, the Permit Holder shall deliver to the City an <br /> ~xecuted indemnification agreement in the form of Exhibit 'A' attached hereto. <br /> <br /> R.i~ht to[Reouir~ P¢ff0rman~¢. The failure of the City at any time to require performance by <br /> thi Perdait I:-Iolder of any provisions herein shall in no way effect the right of the City <br /> themafi~ to enforce the same. Nor shall waiver by the City of any breach of any of the <br /> provisions hereof be taken or held to be a waiver of any succeeding breach of such provision <br /> or as a ~aiver of any provisions itself. <br /> <br />Severab~tlity_. If any provision of this CUP shall be declared void or unenforceable, the other <br />provisio.hs shall not be affected, but shall remain in full force and effect. <br /> <br />M.(xiific~tion. This CUP constitutes the entire agreement and understanding between the <br />parties h~reto with respect to this CUP. This CUP shall not be considered modified, altered, <br />changed!or amended in any respect unless in writing and signed by the City and the Permit <br />Holder. ~ <br /> <br />Amendr~nt, S~$pon$ion or Revocation of CUP. The violation of any of the material terms <br />of this ~ is grounds for suspension or revocation hereof consistent with applicable law. <br />Furthern~re, the City ~cally reserves the right to amend, suspend or revoke this CUP <br />consistent with applicable law as reasonably required to protect the public health, safety and <br />welfare a~nd the environment. Specifically, but without limitation the foregoing, the City may <br />amend, ~luspend or revoke this CLIP consistent with applicable law if the City Council <br />reasonab!y determines that continued operation of the aluminum processing facility places the <br />public h ,e!alth, safety or welfare or the environment in jeopardy. <br /> <br />Violationiof Conditions. If the Permit Holder or its successors or assigns violates any <br />material tlerm or condition imposed by this CUP, it may be revoked and tenninated consistent <br />with applicable law. Without limiting the foregoing, the violation of any statute, regulation, <br />ordinanc~ or pen'nit condition imposed by lawful governmental authority and governing <br />operattonis on the site is grounds for revocation and termination of this CUP consistent with <br />applicabl~ law. The change, alteration or amendment or any such statute, regulation, <br />ordinance[ or permit condition by any governmental authority other than the City shall not <br />excuse ~e Permit Holder from compliance with statute, regulations, ordinances or CUP <br />condition~ in effect on the date of the original issuance of this permit unless compliance is <br />waived o~ excused by the City. <br /> <br />NonassigO.ability of CUP. Any rights conferred on Alloy Recovery Company by this CUP <br />are personal to/he Permit Holder. The City is issuing this CUP on the basis of the credit and <br />reputatior~ of the Permit Holder. The Permit Holder shall not assign or transfer this CUP <br />without f'~:st obtaining approval of the City which may allow or disallow such u-ansfer in its <br />absolute ~d sole discretion. In the event of transfer, the CUP shall apply to the Permit <br />Holders' ~uccessors and assigns. In the event the City declines for any reason to allow the <br />transfer o[ this CUP, the Permit Holder shall either continue with aluminum processing <br />operation~ in full compliance with the terms of this CUP or terminate aluminum processing <br />opemtions~ at its option. <br /> <br /> <br />