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23. <br /> <br />Right to Require Performance. The failure of the City at any time to require performance <br />by WMMI of any provisions hereof shall in no way effect the right of City thereafter to <br />enforce the same. Nor shall waiver by the City of any breach of any of the provisions <br />hereof be taken or held to be a waiver of any succeeding breach of such provision or as a <br />waiver of any position itself. <br /> <br />24. <br /> <br />Severeability. If any provision of this Conditional Use Permit shall be declared void or <br />unenforceable, the other provisions shall not be affected, but shall remain in full force and <br />effect. <br /> <br />25. <br /> <br />Modification. This Conditional Use Permit constitutes the entire agreement and <br />understanding between the parties hereto, and it shall not be considered modified, altered, <br />changed, or amended in any respect unless in writing and signed by the parties hereto. <br /> <br />26. <br /> <br />Modification, Suspension or Revocation of Conditional Use Permit. The violation of any <br />of the terms of this Permit is grounds for suspension or revocation hereof. Furthermore, <br />the City specifically reserves the right and WMMI agrees that this permit may be <br />amended, suspended or revoked by the City as reasonably required to protect the public <br />health, safety and welfare and the environment. Specifically, but without limiting the <br />foregoing, the City may amend, suspend, or revoke this Permit if the City Council <br />determines that continued operation places the public health, safety or welfare or the <br />environment in jeopardy. <br /> <br />27. <br /> <br />Modification of NPDES Permit. This CUP is conditional on the permit requirements of <br />MN0060259 dated June 20, 1996. Any proposal for modification, revision or amendment <br />to said permit conditions must concurrently be submitted to the City for independent <br />consideration and approval. <br /> <br />28. <br /> <br />Other Permits. Operation under this CUP shall not commence until all necessary permits <br />from federal, state and other governmental authorities are approved. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember <br />Zimmerman, and upon vote being taken thereon, the following voted in favor thereof: <br /> <br />Mayor Gamec <br />Councilmember Beahen <br />Councilmember Zimmerman <br />Councilmember Beyer <br />Councilmember Haas Steffen <br /> <br />and the following voted against the same: <br /> <br />None <br /> <br /> <br />