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property (Public or private), contamination of or adverse affects on the environment, <br />or any violation of alleged violation by PERMIT HOLDER of statutes, ordinances, <br />orders, ruleSor regulations of any governmental entity or agency, directly or indirectly <br />caused by, Or arising out of any acts, omissions or operations of PERMIT HOLDER or <br />its employees or other persons engaged by or under the control, supervision or <br />direction of PERMIT HOLDER in the conduct of the operation of an aluminum <br />processing plant at the Site. Nothing contained herein shall require PERMIT HOLDER <br />to indemnify the CITY or any other person from any liability, claim, suit, cause of <br />action, cost or expense whatsoever arising out of execution of this Agreement by the <br />CITY or authorities or out of any orders or rulings of any nature whatsoever by the <br />CITY or any of the CITY boards, agencies or commissions prior to this Agreement. <br /> <br /> 2. iTer!m. The term of this Agreement shall commence on the date of <br />issuance to PERMIT HOLDER of a CUP to operate an aluminum processing plant at the <br />Site, and shall terminate upon the expiration of the CUP or removal of all waste <br />materials from the Site, whichever occurs later. Provided, however, that nothing <br />contained herein shall be a waiver of the termination of liability of PERMIT HOLDER <br />with respectto closure, post-closure and environmental response, or costs associated <br />therewith, at such time as PERMIT HOLDER is not liable under any federal, state or <br />county law or ordinance for environmental response, or costs associated therewith. <br /> <br />2 <br /> <br /> <br />