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38. 39. 40. 41. 42. 43. 44. Insurance coverage as specified in paragraphs (i) and (ii) shall be carried for the term that aluminum processing operations are conducted. (c) i ~pon commencement of this CUP, the Permit Holder shall deliver to the City an e~euted indemnification agreement in the form of Exhibit "B" attached hereto. Righ: tO, Require Performance. The failure of the City at any time to require peHo~ Alee by the Permit Holder of any provisions hereof shall in no way effect the right of the Ci~ thereafter to enforce the same. Nor shall waiver by the City of any breach of any o. ~,e,, provisions hereof be taken or held to be a waiver of any succeeding breach of such !ro~sion or as a waiver of any provision itself. Sere! al~lity, If any provision of this CUP shall be declared void or unenforceable, the other ~rO,~sions shall not be affected, but shall remain in full force and effect. Modi~tion. This CUP constitutes the entire a .greement and understanding between the partie~ h~i-eto with respect to this CUP. This CUP shall not be considered modified, altered'.,,. Changed or amended in any respect unless in writing and signed by the City and the Permi~t HOlder. .a, me~dm'ent, Suspension or Revocation of CUP. The violation of any of the match iai ~m'ms of this CUP is grounds for suspension or revocation hereof consistent with applic able[law. Furthermore, the City specifically reserves the right to amend, suspend or revok~'~ fliig CUP consistent with applicable law as reasonably required to protect the public health; s~ety and welfare and the environment. Specifically, but without limiting the f0reg¢~in~,ithe City may amend, suspend or revoke this CUP consistent with applicable law if th* ~Ci~Y Council reasonably determines that continued operation of the aluminum proee~sirtg facility places the public health, safety or welfare or the environment in jeop~dy: '_ ViOlafion iof Conditions. If the Permit Holder or its successors or assigns violates any mat¢~al }t~rm or condition imposed by this CUP, it may be revoked and terminated consiflent With applicable law. Without limiting the foregoing, the violation of any statute, regul~ ~iog¢ ordinance or permit condition imposed by lawful governmental authority and gov~ tingloperations on the Site is grounds for revocation and termination of this CUP consi,~ :e~ ~With applicable law. The change, alteration or amendment of any such statute, regula ioti,lordinance or permit condition by any governmental authority other than the City shall ot ~cuse the Permit Holder from compliance w/th statutes, regulations ordinances or CUP i:offditions in effect on the date of the original issuance of this permit unless compl:'~an~6 is waived or excused by the City. Viola~iog ia Misdemeanor. Violation of any of the provisions of this CUP is declared to be ~ vi~lation of the City of Ramsey in accordance with Section 1.02.02 of the Ramsey city Nona~igt!.ability of CUP. Any rights conferred on Danny's Aluminum Processing, Inc. b~, tl~i~ CUP are personal to the Permit Holder. The City is issuing this CUP on the basis 0fthe credit and reputation of the Permit Holder. The Permit Holder shall not assign or tra~sf~ this CUP without first obtaining approval of the City which may allow or disall~ ~.Uch transfer in its absol?e and sole discretion. In the event of transfer, the CUP shall a~pl~ to the Permit Holders successors and assigns. In the event the City declines for any~ r~a~on to allow the transfer of this CUP, the Permit Holder shall either continue with a!ur~'~num processing operations in full compliance with the terms of this CUP or terminate aluminum processing operations at its option.