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09/22/2014 the California HERO Program including but not limited to the willful misconduct or negligent acts, errors or omissions of the Authority or its directors, officials, officers, employees and agents in connection with this JPA Amendment or the California HERO Program administered under this JPA Amendment, including without limitation the payment of expert witness fees and attorneys fees and other related costs and expenses except for loss or damage which was caused by the sole negligence or willful misconduct of City. Without limiting any other provision of this Section, this indemnification shall extend, without limitation, to any claim or action (i) regarding the validity of any contractual assessment levied as part of the California HERO Program; (ii) in connection with (or as a counter-claim against) any enforcement action of the Authority; (iii) demanding payment by the City of any principal, interest, or other amount due to any person in connection with any debt issued in connection with the California HERO Program; or (iv) challenging the validity of this JPA or any delegation of power by City to Authority. Furthermore, without limiting any other provision of this Section„ Section 5.2 of the Authority JPA shall not apply to this JPA Amendment. In no event shall any of Authority's Regular Members or their officials, officers or employees be held directly liable for any damages or liability resulting out of this JPA Amendment. 3. Environmental Review. Authority shall be the lead agency under the California Environmental Quality Act for any environmental review that may required in implementing or administering the California HERO Program under this JPA Amendment. 4. Cooperative Effort. City shall cooperate with Authority by providing information and other assistance in order for Authority to meet its obligations hereunder. Authority shall reimburse City for reasonable expenses incurred by City in providing such cooperation. 5. Permitting/Zoning. Nothing in this JPA Amendment shall be construed to reduce or alter the City's regulatory authority with respect to the construction or installation any Improvements or to delegate to the Authority any land use or zoning powers or obligations of the City, including powers and obligations with respect to permits or inspections. Specifically, the City makes no representation that it will refrain from amending its ordinances and regulations related to Improvements. 6. Financial Obligations. Nothing in this JPA Amendment shall be construed to authorize Authority to in any way commit, pledge or obligate any funds or property of City for any purpose. 7. Use of City Name. Nothing in this JPA Amendment shall be construed to authorize Authority to file any action, record any document, or make any demand in the name of City. Any power of City that is delegated to Authority by this JPA Amendment shall be exercised by Authority in its own name, and not in the name of City. Authority shall not represent to any person for any purpose that the Calfornia HERO Program is a program of City, that the City has designed the program, that City is responsible for the administration of the program, or that the City makes any representation regarding the ATTY/RES0.3015/CC HERO PROGRAM RESO.#15370 REV:9-12-14 PT MUFF#803 Page 7 of 9