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34. <br /> <br />35. <br /> <br />36. <br /> <br />37. <br /> <br />ii. <br /> <br />Automobile and truck pLtblic liability personal <br />injury and property damage including owned and <br />leased vehicles: <br /> <br />(1) <br />(2) <br /> <br />(3) <br /> <br />Injury or death of one person - $250,000. <br />Injury to more than one person in a single <br />accident - $250,000. <br />Property damage - $250,000. <br /> <br />Insurance coverage as specified in paragraphs <br />(ii) shall be carried for the term t.hat <br />processing operations are conducted. <br /> <br /> (i) and <br />aluminum <br /> <br />Upon commencement of this CUP, the Permit Holder shall <br />deliver tot_he City an executed indemnification agreement <br />in the form of Exhibit "B" attached hereto. <br /> <br />Right to.Require performance. The failure of the City at any <br />time to require performance by the Permit Holder of any <br />provisions hereof shall in no way effect the right of the City <br />thereafter to enforce the same. Nor shall waiver by the City <br />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 <br />as a waiver of any provision itself. <br /> <br />Severability. If any provision of this CUP shall be declared <br />void or unenforceable, the other provisions shall not be <br />affected, but shall remain in full force and effect. <br /> <br />Modification. This CUP constitutes the entire agreement and <br />understanding between the parties hereto with respect to this <br />CUP. This CUP shall not be considered modified, altered, <br />changed or amended in any respect unless in writing and signed <br />by the City and the Pea--mit Holder. <br /> <br />Amendment, Suspension or Revocation of CUP. The violation of <br />any of the material terms of this CUP is grounds for suspen- <br />sion or revocation hereof consistent with applicable law. <br />Furthermore, the City specifically reserves the right to <br />~mend, suspend or revoke this CUP consistent wi~h applicable <br />law as reasonably required to protect the public health, <br />safety and welfare and ~he environment. Specifically, but <br />without limiting the foregoing, the City may amend, suspend <br />or revoke this CUP consistent with appiicabte law if the City <br />Council reasonably determines that continued operation of the <br />aluninum processing facility places .~he public health, safety <br />or welfare or the environment in jeopardy. <br /> <br />7 <br /> <br /> <br />