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ATTY/RESO.3015/CC HERO PROGRAM <br />REV: 9-12-14 PT <br />Page 7 of 9 <br />the California HERO Program including but not limited to the willful misconduct or <br />negligent acts, errors or omissions of the Authority or its directors, officials, officers, <br />employees and agents in connection with this JPA Amendment or the California HERO <br />Program administered under this JPA Amendment, including without limitation the <br />payment of expert witness fees and attorneys fees and other related costs and expenses <br />except for loss or damage which was caused by the sole negligence or willful misconduct <br />of City. Without limiting any other provision of this Section, this indemnification shall <br />extend, without limitation, to any claim or action (i) regarding the validity of any <br />contractual assessment levied as part of the California HERO Program; (ii) in connection <br />with (or as a counter-claim against) any enforcement action of the Authority; (iii) <br />demanding payment by the City of any principal, interest, or other amount due to any <br />person in connection with any debt issued in connection with the California HERO <br />Program; or (iv) challenging the validity of this JPA or any delegation of power by City <br />to Authority. Furthermore, without limiting any other provision of this Section,, Section <br />5.2 of the Authority JPA shall not apply to this JPA Amendment. In no event shall any of <br />Authority’s Regular Members or their officials, officers or employees be held directly <br />liable for any damages or liability resulting out of this JPA Amendment. <br />3. Environmental Review. Authority shall be the lead agency under the <br />California Environmental Quality Act for any environmental review that may required in <br />implementing or administering the California HERO Program under this JPA <br />Amendment. <br />4. Cooperative Effort. City shall cooperate with Authority by providing <br />information and other assistance in order for Authority to meet its obligations hereunder. <br />Authority shall reimburse City for reasonable expenses incurred by City in providing <br />such cooperation. <br />5. Permitting/Zoning. Nothing in this JPA Amendment shall be construed to <br />reduce or alter the City’s regulatory authority with respect to the construction or <br />installation any Improvements or to delegate to the Authority any land use or zoning <br />powers or obligations of the City, including powers and obligations with respect to <br />permits or inspections. Specifically, the City makes no representation that it will refrain <br />from amending its ordinances and regulations related to Improvements. <br />6. Financial Obligations. Nothing in this JPA Amendment shall be construed <br />to authorize Authority to in any way commit, pledge or obligate any funds or property of <br />City for any purpose. <br />7. Use of City Name. Nothing in this JPA Amendment shall be construed to <br />authorize Authority to file an y action, record any document, or make any demand in the <br />name of City. Any power of City that is delegated to Authority by this JPA Amendment <br />shall be exercised by Authority in its own name, and not in the name of City. Authority <br />shall not represent to any person for any purpose that the Calfornia HERO Program is a <br />program of City, that the City has designed the program, that City is responsible for the <br />administration of the program, or that the City makes any representation regarding the <br />9.B. - Page 13