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41. <br /> <br />42. <br /> <br />43. <br /> <br />44. <br /> <br />services, the Permit Holder agrees to reimburse the City at cost upon presentation <br />of supporting documents and invoices consistent with applicable law. <br /> <br />(b) <br /> <br />Liability Insurance and Liability Indemnification. The Permit Holder shall secure <br />and maintain insurance from an insurance company acceptable to the City and <br />authorized to write casuahy insurance in the State of Minnesota which will protect <br />the Permit Holder, its agents and employees and the City from claims for bodily <br />injury, death or property damage which may arise from the operations on the Site. <br />The Permit Holder shall file a certificate of insurance or a certified copy of the <br />insurance policy with the City. Such insurance policy shall contain a clause <br />providing that it shall not be cancelled by the insurance company without thirty (30) <br />days' written notice to thc City of intention to cancel. Thc following coverages <br />shall be provided in amounts not less than those specified: <br /> <br />i. Public liability, general liability, personal injury and property damage: <br /> <br />(~) <br />(2) <br />(3) <br />(4) <br /> <br />Injury or death of one person - $1,000,000. <br />Injury to more than one person in a single accident - $1,000,000. <br />Property damage - $1,000,000. <br />Total Aggregate Liability for all items $1,000,000. <br /> <br />ii. <br /> <br />Automobile and track 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 carried 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 "B" attached hereto. <br /> <br />Right to Require Performance. The failure of the City at any time to require <br />performance by the Permit Holder of any provisions hereof shall in no way effect the fight <br />of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of <br />any of the provisions hereof be taken or held to be a waiver of any succeeding breach of <br />such provision or as a waiver of any provision itself. <br /> <br />Severability. 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 /> <br />Modification. This CUP constitutes the entire a~eement and understanding between the <br />parries hereto with respect to this CUP. This CUP shall not be considered modified, <br />altered, changed or amended in any respect unless in writing and signed by the City and the <br />Permit Holder. ~, <br /> <br />Amendment, Suspension or Revocation of CUP. The violation of any of the <br />material terms of this CUP is pounds for suspension or revocation hereof consistent with <br />applicable law. Furthermore, the City specifically reserves the fight to amend, suspend or <br />revoke this CUP consistent with applicable law as reasonably required to protect the public <br />health, safety and welfare and the environment. Specifically, but without limiting the <br />foregoing, the City ma), amend, suspend or revoke this CUP consistent with applicable law <br /> <br /> <br />