Laserfiche WebLink
its sole discretion. All costs to City associated with its defense of any Third Party Project- <br /> Related Challenge, including but not limited to the time and expenses of the City Attorney's <br /> Office, other City staff, any Consultants or experts retained in connection with the Third Party <br /> Project-Related Challenge, attorney's fees of City's selected outside counsel, and litigation costs <br /> shall be fully reimbursed to City by Developer. City will provide Developer with monthly <br /> invoices for all such costs in the case of a Third Party Project-Related Challenge. Developer <br /> shall make payment to City for any costs covered by this section within thirty (30} days of <br /> receipt of an invoice from City for such costs. <br /> iii. Developer's waivers with regard to City as well as its <br /> commitments to the defense and indemnification of City set forth herein shall remain in full <br /> force and effect throughout all stages of any lawsuit, claim,or proceeding. <br /> iv. In the event of any Third Party Project-Related Challenge, the <br /> Parties shall cooperate in defending against such challenge. Each party shall promptly notify the <br /> other of any such challenges. Developer shall assist and cooperate at its expense with City in <br /> connection with any such challenges. <br /> (c) In any action at law or equity or other legal or administrative proceeding <br /> arising out of or relating to this Agreement, or Developer's proposal to develop the Project, or <br /> City's review, evaluation, consideration, proceeding or disposition of Developer's proposal to <br /> develop the Project, including but not limited to any Developer Processing Challenge or any <br /> other challenge, neither City nor Developer shall be entitled to damages or other remedies or <br /> relief except as expressly set forth in this Agreement. Permitted remedies shall include <br /> mandatory or injunctive relief, writ of mandate, specific performance or termination of this <br /> Agreement, or a claim for reimbursement of unexpended funds and advanced by Developer to <br /> City. Without limiting the generality of the foregoing, neither City nor Developer shall be liable <br /> under any circumstances for any direct, indirect, special, compensatory, consequential, punitive <br /> or exemplary damages, regardless of whether the claim for damages is based on contract, tort, <br /> statute or other basis of liability. <br /> (d) Indemnification Survives Termination. The rights and obligations set <br /> forth in this Section 5.08 shall survive termination of this Agreement. <br /> Section 5.09. Amendment of this A�eement. This Agreement may be amended from <br /> time to time, in whole or in part, only by written amendment executed by the Parties. <br /> Section 5.10. This Agreement may be executed in two (2) duplicate originals, each of <br /> which is an original,but all of which taken together is considered one and the same instrument. <br /> [Signature Page FollowsJ <br /> Page 7 of 8 <br /> REV:09-25-15 VR <br /> ATTY/AGR.2015.221/Acclaim Companies <br />