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65. Indemnification — Per Redwood City Municipal Code Section 1.54, Applicant
<br /> shall defend (with counsel approved by City), indemnify, and hold harmless the
<br /> City, its agents, officers, and employees from and against any claim, action, or
<br /> proceeding (including without limitation any appeal or petition for review thereof)
<br /> against the City or its agents, officers or employees, to attack, set aside, void, or
<br /> annul an approval of the Project, including without limitation any related
<br /> application, permit, certification, condition, environmental determination, other
<br /> approval, compliance or failure to comply with applicable laws and regulations,
<br /> and/or processing methods ("Challenge"). City may (but is not obligated to) defend
<br /> such Challenge as City, in its sole discretion, determines appropriate, all at
<br /> applicant's sole cost and expense. Applicant shall bear any and all losses,
<br /> damages, injuries, liabilities, costs, and expenses (including, without limitation, staff
<br /> time and in-house attorney's fees on a fully-loaded basis, attorney's fees for
<br /> outside legal counsel, expert witness fees, court costs, and other litigation
<br /> expenses) arising out of or related to any Challenge ("Costs"), whether incurred by
<br /> Developer, City, or awarded to any third party, and shall pay to the City upon
<br /> demand any Costs incurred by the City. No modification of the project, any
<br /> application, permit, certification, condition, environmental determination, other
<br /> approval, change in applicable laws and regulations, or change in processing
<br /> methods shall alter the applicant's indemnity obligation. Per Government Code
<br /> Section 66474.9, Applicant's indemnification obligation with respect to any claim,
<br /> action or proceeding to attack, set aside, void, or annul an approval of City
<br /> concerning a subdivision (tentative, parcel, or final map application or approval)
<br /> shall be limited to actions brought within the time period provided for in
<br /> Government Code Section 66499.37, unless such time period is extended for any
<br /> reason. The City shall promptly notify Applicant of any such claim, action or
<br /> proceeding and shall cooperate fully in the defense. [COA][OFFICE OF THE CITY
<br /> ATTORNEY]
<br /> - End -
<br /> ATTY/RESO. 2037/PC RESO APPROVING THE PROJECT FOR ORACLE DESIGN TECH HIGH SCHOOL
<br /> REV:05-06-16 VR
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