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44. <br /> <br />45. <br /> <br />46. <br /> <br />47. <br /> <br />ii. <br /> <br />Automobile and truck public liability personal injury and property <br />damage including owned and leased vehicles: <br /> <br />(1) Injury or death of one person - $250,000. <br />(2) Injury to more than one person in a single <br /> $250,000. <br />(3) Property damage - $250,000. <br /> <br />accident - <br /> <br />Insurance coverage as specified in paragraphs (i) and (ii) shall be carried <br />for the term that aluminum processing operations are conducted. <br /> <br />lc) <br /> <br />Upon commencement of this CUP, the Permit Holder shall deliver to the <br />City an executed indemnification agreement in the form of Exhibit "B" <br />attached hereto. <br /> <br />Right to Require Performance. The failure of the City at any time to require <br />performance by the Permit Holder of any provisions hereof shall in no way <br />effect the right of the City thereafter to enforcethe same. Nor shall waiver by <br />the City of any breach of any of the provisions hereof be taken or held to be a <br />waiver of any succeeding breach of such provision or as a waiver of any <br />provision itself. <br /> <br />Severability. If any provision of this CUP shall be declared void or unenforce- <br />able, the other provisions shall not be affected, but shall remain in full force and <br />effect. <br /> <br />Modification. This CUP constitutes the entire agreement and understanding <br />between the parties hereto with respect to this CUP. This CUP shall not be <br />considered modified, altered, changed or amended in any respect unless in <br />writing and signed by the City and the Permit Holder. <br /> <br />Amendment, Sq.spension or Revocation of CUP. The violation of any of the <br />material terms of this CUP is grounds for suspension or revocation hereof <br />consistent with applicable law. Furthermore, the City specifically reserves the <br />right 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 <br />environment. Specifically, but without limiting the foregoing, the City may <br />amend, suspend or revoke this CUP consistent with applicable law if the City <br />Council reasonably determines that continued operation of the aluminum <br />processing facility places the public health, safety or welfare or the environ- <br />merit in jeopardy. <br /> <br />9 <br /> <br /> <br />