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36. <br /> <br />37. <br /> <br />38. <br /> <br />39. <br /> <br />40. <br /> <br />41. <br /> <br />Ri~b~ ~Q ~equire Performance. The failure of the City at any <br />time to require performance by the Permit Holder of any <br />provisions hereof shall in no way effect the right of the City <br />thereafter to enforce the same. Nor shall waiver by the City <br />of any breach of any of the provisions hereof be taken or held <br />~o be a waiver of any succeeding breach of such provision or <br />as a waiver of any provision itself. <br /> <br />Seve~abilitv. If any provision of this CUP shall be declared <br />void or unenforceable, the other provisions shall not be <br />affected, but shall remain in full force and effect. <br /> <br />Modification. This CUP constitutes the entire agreement and <br />understanding between the parties hereto with respect to this <br />CUP. This CUP shall not be considered modified, altered, <br />changed or amended in any respect unless in writing and signed <br />by the City and the Permit Holder. <br /> <br />Amendment, Suspension or Revocation of CUP. The violation of <br />any of the material terms of this CUP is grounds for suspen- <br />sion or revocation hereof consistent with applicable law. <br />Furthermore, the city specifically reserves the right to <br />amend, suspend or revoke this CUP consistent with applicable <br />law as reasonably required to protect the public health, <br />safety and welfare and the environment. Specifically, but <br />without limiting the foregoing, the City may amend, suspend <br />or revoke this CUP consistent with applicable law if the City <br />Council reasonably determines that continued operation of the <br />aluminum processing facility places the public health, safety <br />or welfare or the environment in jeopardy. <br /> <br />Violation of Conditions. If the Permit Holder or its <br />successors or assigns violates any material term or condition <br />imposed by this CUP, it may be revoked and terminated <br />consistent with applicable law. Without limiting the <br />foregoing, the violation of any statute, regulation, ordinance <br />or permit condition imposed by lawful governmental authority <br />and governing operations on the Site is grounds for revocation <br />and termination of this CUP consistent with applicable law. <br />The change, alteration or amendment of any such statute, <br />regulation, ordinance or permit condition by any governmental <br />authority other than the City shall not excuse the Permit <br />Holder from compliance with statutes, regulations, ordinances <br />or CUP conditions in effect on the date of the original <br />issuance of this permit unless compliance is waived or excused <br />by the City. <br /> <br />Violation a Misdemeanor. Violation of any of the provisions <br />of this CUP is declared to be a violation of the City of <br />Ramsey in accordance with Section 250.1 of the Ramsey City <br />Code. <br /> <br /> <br />