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38. <br /> <br />39. <br /> <br />40. <br /> <br />41. <br /> <br />42. <br /> <br />43. <br /> <br />ii. <br /> <br />(3) <br />(4) <br /> <br />Property damage - $1,000,000. <br />Total Aggregate Liability for all items $1,000,000. <br /> <br />Automobile and truck public liability personal injury and property damage <br />including owned and leased vehicles: <br /> <br />(~) <br />(2) <br />(3) <br /> <br />Injury or death of one person - $250,000. <br />Injury to more than one person in a single accident - $250,000. <br />Property damage - $250,000. <br /> <br />Insurance coverage as specified in paragraphs (i) and (ii) shall be carried for <br />the term that aluminum processing operations are conducted. <br /> <br />(c) ( Upon commencement of this CUP, the Permit Holder shall deliver to the City an <br /> ex~uted indemnification agreement in the form of Exhibit "B" attached hereto. <br />Rightl to Require Performance. The failure of the City at any time to require <br />perf°r~nan~e by the Permit Holder of any provisions hereof shall in no way effect the right <br />of thi~ ~Cit~ thereafter to enforce the same. Nor shall waiver by the City of any breach of <br />any 0f, the ~.rovisions hereof be taken or held to be a waiver of any succeeding breach of <br />suchPt'ovi~ion or as a waiver of any provision itself. <br /> <br />Sevorabili~y. If any provision of this CUP shall be declared void or unenforceable, the <br />other provisions shall not be affected, but shall remain in full force and effect. <br />Mod!fjeat~,on. Th~s CUP consntutes the ennre agreement and understanding between the <br />parti~ hereto with respect to this CUP. This CUP shall not be considered modified, <br />alter~ changed or amended in any respect unless in writing and signed by the City and the <br />Perrfih~ Hol,[:ler. <br />Ame.~.m~nt, Suspension or Revocation of CUP. The violation of any of the <br />ma?fi~ te~ns of this CUP is grounds for suspension or revocation hereof consistent with <br />applic~.b, le law. Furthermore, the City specifically reserves the right to amend, suspend or <br />revoke~:this CUP consistent with applicable law as reasonably required to protect the public <br />healflh~i sa ~ty and welfare and the environment. Specifically, but without limiting the <br />foreflo{ng he City may amend, suspend or revoke this CUP consistent with applicable law <br />if tl~ ~i~ Council reasonably determines that continued operation of the aluminum <br />processing facility places the public health, safety or welfare or the environment in <br />jeopar~ly. ' <br /> <br />Violation' bf Conditions. If the Permit Holder or its successors or assigns violates any <br />mateki[1 te{Yrn or condition imposed by this CUP, it may be revoked and terminated <br />conSis~nt :$tith applicable law. Without limiting the foregoing, the violation of any statute, <br />regulation, {ordinance or permit condition imposed by lawful governmental authority and <br />gov[rn~'ng Operations on the Site is grounds for revocation and termination of this CUP <br />consLs~ent ~ith applicable law. The change, alteration or amendment of any such statute, <br />reguliat~on, .~rdinance or permit condition by any governmental authority other than the City <br />shall not ex, use the Permit Holder from compliance with statutes, regulations ordinances or <br />CUP ~ndi'tions in effect on the date of the original issuance of this permit unless <br />compli~ce!is waived or excused by the City. <br />Vlolati:°n ~ Misdemeanor. Violation of any of the provisions of this CUP is declared <br />to be;aiViol[ttion of the City of Ramsey in accordance with Section 1.02.02 of the Ramsey <br />City C~de. [ <br /> <br /> <br />