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4. Hours of Construction — Construction activity is permitted between 7:00 a.m. and
<br />8:00 p.m. Monday through Friday, except as permitted on weekends by the Building
<br />Official. [SDR][BUILDING]
<br />5. Indemnification — Per Redwood City Code Section 1.54, Applicant shall defend
<br />(with counsel approved by City), indemnify, and hold harmless the City, its agents,
<br />officers, and employees from and against any claim, action, or proceeding (including
<br />without limitation any appeal or petition for review thereof) against the City or its
<br />agents, officers or employees related to an approval of the Project, including without
<br />limitation any related application, permit, certification, condition, environmental
<br />determination, other approval, compliance or failure to comply with applicable laws
<br />and regulations, and/or processing methods ("Challenge"). City may (but is not
<br />obligated to) defend such Challenge as City, in its sole discretion, determines
<br />appropriate, all at applicant's sole cost and expense. Applicant shall bear any and
<br />all losses, damages, injuries, liabilities, costs, and expenses (including, without
<br />limitation, staff time and in-house attorney's fees on a fully -loaded basis, attorney's
<br />fees for 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 />Applicant, City, or awarded to any third party, and shall pay to the City upon demand
<br />any Costs incurred by the City. No modification of the project, any application,
<br />permit, certification, condition, environmental determination, other approval, change
<br />in applicable laws and regulations, or change in processing methods shall alter the
<br />applicant's indemnity obligation. Per Government Code Section 66474.9, Applicant's
<br />indemnification obligation with respect to any Challenge concerning a subdivision
<br />(tentative, parcel, or final map application or approval) shall be limited to actions
<br />brought within the time period provided for in Government Code Section 66499.37,
<br />unless such time period is extended for any reason. The City shall promptly notify
<br />Applicant of any such claim, action or proceeding and shall cooperate fully in the
<br />defense. [COA][OFFICE OF THE CITY ATTORNEY]
<br />ATTY/RESO.0105/PC RESO 2312 HOPKINS
<br />REV: 10-30-19 PR
<br />-end-
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