Resolution - #96-04-072 - 04/09/1996

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(1) Injury or death of one person - $250,000. ' (2) Injury to more than one person in a single accident- $250,000. (3) Property damage - $250,000. Insurance coverage as specified in paragraphs (i) and (ii) shall be carriers for the term that aluminum processing operations are conducted. (c) Upon commencement of this CUP, the Permit Holder shall deliver to the City an executed indemnification agreement in the form of Exhibit'A'attached hereto. 47. Right to Require Performance. The failure of the City at any time to require performance by the Permit Holder of any provisions herein shall in no way effect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provisions itself. 48. Severability. If any provision of this CUP shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 49. Modification. This CUP constitutes the entire agreement and understanding between the parties hereto 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 Permit Holder. 50. Amendment, Suspension or Revocation of CUP. The violation of any of the material terms of this CUP is grounds for suspension or revocation hereof consistent with applicable law. Furthermore, the City specifically reserves the right to amend, suspend or revoke this CUP consistent with applicable law as reasonably required to protect the public health, safety and welfare and the environment. Specifically, but without limitation the foregoing, the City may amend, suspend or revoke this CUP consistent with applicable law if the City Council reasonably determines that continued operation of the aluminum processing facility places the public health, safety or welfare or the environment in jeopardy. 51. Violation of Conditions. If the Permit Holder or its successors or assigns violates any material term or condition imposed by this CUP,it may be revoked and terminated consistent with applicable law. Without limiting the foregoing, the violation of any statute, regulation, ordinance or permit condition imposed by lawful governmental authority and governing operations on the site is grounds for revocation and termination of this CUP consistent with applicable law. The change, alteration or amendment or any such statute, regulation, ordinance or permit condition by any governmental authority other than the City shall not excuse the Permit Holder from compliance with statute, regulations, ordinances or CUP conditions in effect on the date of the original issuance of this permit unless compliance is waived or excused by the City. 52. Nonassignabilitty of CUP. Any rights conferred on Alloy Recovery Company by this CUP are personal to the Permit Holder. The City is issuing this CUP on the basis of the credit and reputation of the Permit Holder. The Permit Holder shall not assign or transfer this CUP without first obtaining approval of the City which may allow or disallow such transfer in its absolute and sole discretion. In the event of transfer, the CUP shall apply to the Permit Holders' successors and assigns. In the event the City declines for any reason to allow the transfer of this CUP, the Permit Holder shall either continue with aluminum processing operations in full compliance with the terms of this CUP or terminate aluminum processing operations at its option,