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ATTY/RESO.0091/PC RESO 800 MAIN HOTEL SEQUOIA
<br />REV: 09-01-23 VR
<br />Page 32 of 32
<br />85. 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 (all collectively, “Challenges”). City may
<br />(but is not obligated to) defend such Challenge as City, in its sole discretion,
<br />determines appropriate, all at applicant’s sole cost and expense. Applicant shall bear
<br />any and all losses, damages, injuries, liabilities, costs, and expenses (including,
<br />without limitation, staff time and in-house attorney's fees on a fully-loaded basis,
<br />attorney’s fees for outside legal counsel, expert witness fees, court costs, and other
<br />litigation expenses) arising out of or related to any Challenge (“Costs”), whether
<br />incurred by Applicant, City, or awarded to any third party, and shall pay to the City
<br />upon 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
<br />Challenge concerning a subdivision (tentative, parcel, or final map application or
<br />approval) 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 Challenge and shall
<br />cooperate fully in the defense. [COA][OFFICE OF THE CITY ATTORNEY]
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