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37. <br /> <br />38. <br /> <br />39. <br /> <br />40. <br /> <br />41. <br /> <br />42. <br /> <br />43. <br /> <br />Right to Reo_uire 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 effect <br />the right of the City thereafter to enforce the same. Nor shall waiver by the City of <br />any breach of any of the provisions hereof be taken or held to be a waiver of any <br />succeeding breach of such provision or as a waiver of any provision itself. <br /> <br />~qeverabilitv. If any provision of this CUP shall be declared void or unenforceable, <br />the other provisions shall not be affected, but shall remain in full fome and effect. <br /> <br />~d.~[L~dg.t~. 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 writing <br />and signed by the City and the Permit Holder. <br /> <br />Amendment. Suspension 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 right <br />to amend, suspend or revoke this CUP consistent with applicable law as reasonably <br />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 <br />revoke this CUP consistent with applicable law if the City Council reasonably <br />determines that continued operation of the aluminum processing facility places the <br />public health, safety or welfare or the environment in jeopardy. <br /> <br />.Violation of Conditions. If the Permit Holder or its successors or assigns violates <br />any material term or condition imposed by this CUP, it may be revoked and <br />terminated consistent with applicable law. Without limiting the foregoing, the <br />violation of any statute, regulation, ordinance or permit condition imposed by <br />lawful governmental authority and governing operations on the Site is grounds for <br />revocation and termination of this CUP consistent with applicable law. The <br />change, alteration or amendment of any such statute, regulation, ordinance or <br />permit condition by any governmental authority other than the City shall not excuse <br />the Permit Holder from compliance with statutes, regulations ordinances or CUP <br />conditions in effect on the date of the original issuance of this permit unless <br />compliance is waived or excused by the City. <br /> <br />Violation a Misdemeanor. Violation of any of the provisions of this CUP is <br />declared to be a violation of the City of Ramsey in accordance with Section 1.02.02 <br />of the Ramsey City Code. <br /> <br />Nonassignabilitv of CUP. Any rights conferred on Danny's Aluminum <br />Processing, Inc. by this CUP are personal to the Permit Holder. The City is <br />issuing this CUP on the basis of the credit and reputation of the Permit Holder. <br />The Permit Holder shall not assign or transfer this CUP without first obtaining <br />approval of the City which may allow or d/sallow such transfer in its absolute and <br />sole discretion. In the event of transfer, the CUP shall apply to the Permit Holders' <br />successors and assigns. In the event the City declines for any reason to allow the <br />transfer of this CUP, the Permit Holder shall either continue with aluminum <br />processing operations in full compliance with the terms of this CUP or terminate <br />aluminum processing operations at its option. <br /> <br />Page 6 of 8 <br /> <br /> <br />