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24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />28. <br /> <br />29. <br /> <br />ii. <br /> <br />Automobile and truck public liability personal injury and property damage <br />including owned and leased vehicles: <br /> <br />(1) <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 carded for <br />the term that aluminum processing operations are conducted. <br /> <br />(c) <br /> <br />Upon commencement of this CUP, the Permit Holder shall deliver to the City an <br />executed indemnification agreement in the form of Exhibit "A", attached hereto. <br /> <br />The failure of the City at any time to require performance by the Permit Holder of any <br />provisions hereof shall in no way effect the right of the City thereafter to enforce the same. <br />Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held <br />to be a waiver of any succeeding breach of such provision or as a waiver of any provision <br />itself. <br /> <br />If any provision of this CUP shall be declared void or unenforceable, the other provisions <br />shall not be affected, but shall remain in full force and effect. <br /> <br />This CUP constitutes the entire agreement and understanding between the parties hereto <br />with respect to this CUP. This CUP shall not be considered modified, altered, changed or <br />amended in any respect unless in writing and signed by the City and the Permit Holder. <br /> <br />The violation of any of the material terms of this CUP is grounds for suspension or <br />revocation hereof consistent with applicable law. Furthermore, the City specifically <br />reserves the fight 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 environment. <br />Specifically, but without limiting the foregoing, the 'City may amend, suspend or revoke <br />this CUP consistent with applicable law ff the City Council reasonably determines that <br />continued operation of the facility places the public health, safety or welfare or the <br />environment in jeopardy. <br /> <br />If the Permit Holder or its successors or assigns violates any material term or condition <br />imposed by this CUP, it may be revoked and terminated consistent with applicable law. <br />Without limiting the foregoing, the violation of any statute, regulation, ordinance or permit <br />condition imposed by lawful governmental authority and governing operations on the Site <br />is grounds for revocation and termination of this CUP consistent with applicable law. The <br />change, alteration or amendment of any such statute, regulation, ordinance or permit <br />condition by any governmental authority other than the City shall not excuse the Permit <br />Holder from compliance with statutes, regulations ordinances or CUP conditions in effect <br />on the date of the original issuance of this permit unless compliance is waived or excused <br />by the City. <br /> <br />Any rights conferred on Danny's Tranny's, In~. by this CUP are personal to the Permit <br />Holder. The City is issuing this CUP on the basis of the credit and reputation of the Permit <br />Holder. The Permit Holder shall not assign or transfer this CUP without fn'st obtaining <br />approval of the City which may allow or disallow such transfer in its absolute and sole <br />discretion. In the event of transfer, the CUP shall apply to the Permit Holders' successors <br />and assigns. In the event the City declines for any reason to allow the transfer of this <br />CUP, the Permit Holder shall either continue with aluminum processing operations in full <br /> <br /> <br />