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9. Indemnification — Per Redwood City Code Section 1.54, Applicant shall defend
<br />(with counsel approved by City), indemnify, and hold harmless the City, its
<br />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 related to an approval of the
<br />Project, including without limitation any related application, permit, certification,
<br />condition, environmental determination, other approval, compliance or failure to
<br />comply with applicable laws and regulations, and/or processing methods
<br />("Challenge'). City may (but is not obligated to) defend such Challenge as City, in
<br />its sole discretion, determines appropriate, all at applicant's sole cost and
<br />expense. Applicant shall bear any and all losses, damages, injuries, liabilities,
<br />costs, and expenses (including, without limitation, staff time and in-house
<br />attorney's fees on a fully -loaded basis, attorney's fees for outside legal counsel,
<br />expert witness fees, court costs, and other litigation expenses) arising out of or
<br />related to any Challenge ("Costs"), whether incurred by Applicant, City, or
<br />awarded to any third party, and shall pay to the City upon demand any Costs
<br />incurred by the City. No modification of the project, any application, permit,
<br />certification, condition, environmental determination, other approval, change in
<br />applicable laws and regulations, or change in processing methods shall alter the
<br />applicant's indemnity obligation. Per Government Code Section 66474.9,
<br />Applicant's indemnification obligation with respect to any Challenge concerning a
<br />subdivision (tentative, parcel, or final map application or approval) shall be limited
<br />to actions brought within the time period provided for in Government Code
<br />Section 66499.37, unless such time period is extended for any reason. The City
<br />shall promptly notify Applicant of any such claim, action or proceeding and shall
<br />cooperate fully in the defense.
<br />Section 7. This Resolution is effective upon its adoption.
<br />ATTY/RESO.0087/PR RESO APPROVING ARCHITECTURAL PERMIT -735 HOPKINS
<br />REV: 09-11-17 PR
<br />Page 6 of 6
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