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44. <br /> <br />45. <br /> <br />46. <br /> <br />47. <br /> <br />48. <br /> <br />49. <br /> <br />Riohtlto Reauire Performance. The failure of the City at any time to require <br />perfor, mance by the Permit Holder of any provisions hereof shall in no way <br />effect the right of the City thereafter to enforce the 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 i itself. <br /> <br />Sevet~abilitv. 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 />Mod. if_ication. This CUP constitutes the entire agreement and understanding <br />between the parties hereto with respect to this CUP. This CUP shall not be <br />consi(;lered modified, altered, changed or amended in any respect unless in <br />writing and signed by the City and the Permit Holder. <br /> <br />· Amendment. Suspension or Revocation of CUP. The violation of any of the <br />materrial terms of this CUP is grounds for su'spension 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 />amenCl, suspend or revoke this CUP consistent with applicable law if the City <br />Council reasonably determines that continued operation of the aluminum <br />proce~ssing facility places the public health, safety or welfare or the environ- <br />ment in jeopardy. <br /> <br />Violet!on of Conditions. If the Permit Holder or its successors or assigns <br />viotates any material term or condition imposed by this CUP, it may be revoked <br />and terminated consistent with applicable law. Without limiting the foregoing, <br />the violation of any statute, regulation, ordinance or permit condition imposed <br />by ICWful governmental authority and governing operations on the Site is <br />grounds for revocation and termination of this CUP consistent with applicable <br />law. The change, alteration or amendment of any such statute, regulation, <br />ordinance or permit condition by any governmental authority other than the City <br />shall not excuse the Permit Holder from compliance with statutes, regulations, <br />ordinances or CUP conditions in effect on the date of the original issuance of <br />this permit unless compliance is waived or excused by the City. <br /> <br />.Vio!~.ti. on 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 <br />250.1 of the Ramsey City Code. <br /> <br />9 <br /> <br /> <br />