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24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <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 <br />the term that alummnm processing operations are conducte& <br /> <br />(c) <br /> <br />Upon commencement of this CUP, the Permit Holder shall deliver to the City an <br />exe4u_~ te~ indemnification agreement in the form of Exhibit "A", anached hereto. <br /> <br />The failure0f the City at any time to require performance by the Perm/t Holder of any <br />provisions ere. of shall in no way effect the fight of the City thereafter to enforce the same. <br />Nor shall wgiver by the City of any breach of any of the provisions hereof be taken or held <br />to be a waiver of any succeeding breach of such provision or as a waiver of any provision <br />itself. <br /> <br />ff any provi~sion of this CUP shall be declared void or unenforceable, the other provisions <br />shall not be'~affected~ but shall remain in full force and effect. <br /> <br />This CUP aonsfitutes the entire agreement and understanding between the parties hereto <br />with respec[ to this CUP. This CUP shall not be considered modified, altered, changed or <br />amended in!any respect unless in writing and signed by the City and the Permit Holder. <br /> <br />The violation of any of the material terms of this CUP is grounds for suspension or <br />revocation :~hereof consistent with applicable law. Furthermore, the City specifically <br />reserves th~ fight to amend, suspend or revoke this CUP consistent with applicable law as <br />reasonably ,required to protect the public health, safety and welfare and the environment. <br />Specifically, but without limiting the foregoing, the City may amend., suspend or revoke <br />this CUP cgnsistent with applicable law if the City Council reasonably determines that <br />continued ,Operation of the facility places the public health, safety or welfare or the <br />environment in jeopardy. <br /> <br />If the permit Holder or its successors or assigns violates any material term or condition <br />imposed bf, this CUP, it may be revoked and terminated consistent with applicable law. <br />Without lift,ting the foregoing, the violation of any statute, regulation, orrtinance or permit <br />condition ir~posed by lawful governmental authority and governing operations on the Site <br />is grounds ~r revocation and termination of this CLIP consistent with applicable law. The <br />change, alteration or amendment of any such statute, regulation, ordinance or permit <br />condition b~ any governmental authority other than the City shall not excuse the Permit <br />Holder from compliance with statutes, regulations ordinances or CUP conditions in effect <br />on the date of the ofig4.nal issuance of this permit unless compliance is waived or excused <br />by the City. <br /> <br />Any rights rConferred on Danny's Tranny's, Inc. by this CUP are personal to the Permit <br />Holder. Th~ City is issuing this CLIP on the basis of the credit and reputation of the Permit <br />Holder. Tl~e Permit Holder shall not assign or transfer this CUP without f~-'st obtaining <br />approval o~ the City which may allow or disallow such transfer in its absolute and sole <br />discretion. ~n the event of transfer, the CLIP shall apply to the Permit Holders' successors <br />and assigns; In the event the City declines for any reason to allow the transfer of this <br />CUP, the P~rmit Holder shall either continue with engine and transmission disassembly <br />and wholes~e operations in full compl/ance with the terms of this CLIP or terminate engine <br />and' transrmss~on disassembly and wholesale operations at its option. <br /> <br />/0/ <br /> <br /> <br />