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03/24/2014 <br /> Challenge as City, in its sole discretion, determines appropriate, all at <br /> applicant's sole cost and expense. The applicant shall bear any and all <br /> losses, damages, injuries, liabilities, costs, and expenses (including, <br /> without limitation, staff time and in-house attorney's fees on a fully-loaded <br /> basis, attorney's fees for outside legal counsel, expert witness fees, court <br /> costs, and other litigation expenses) arising out of or related to any <br /> Challenge ("Costs"), whether incurred by Developer, City, or awarded to <br /> any third party, and shall pay to the City upon demand any Costs incurred <br /> by the City. No modification of the project, any application, permit, <br /> certification, condition, environmental determination, other approval, <br /> change in applicable laws and regulations, or change in processing <br /> methods shall alter the applicant's indemnity obligation. Pursuant to <br /> Government Code Section 66474.9, Applicant's indemnification obligation <br /> with respect to any claim, action or proceeding to attack, set aside, void, <br /> or annul an approval of City concerning a subdivision (tentative, parcel, or <br /> final map application or approval) shall be limited to actions brought within <br /> the time period provided for in Government Code Section 66499.37, <br /> unless such time period is extended for any reason. The City shall <br /> promptly notify Applicant of any such claim, action or proceeding and shall <br /> cooperate fully in the defense. <br /> 90. No building or zoning permit shall be issued, and no use shall be <br /> established except in accordance with and subject to the terms and <br /> conditions outlined above, and in no case shall such permit be issued or <br /> use established prior to the final action on any appeals that may be filed <br /> within the appeal period. <br /> If approved, no building or zoning permit shall be issued, and no use shall be <br /> established except in accordance with and subject to the terms and conditions <br /> outlined above. <br /> AT7Y/RES0.2967/CC PETE'S HARBOR—DENYING APPEAL AND APPROVING PROJECT Reso#15336 <br /> REV:03-25-14 VR Muff#603 <br /> Page 17 of 19 <br />