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ATTY/RESO.0034/CC RESO APPROVING PROJECT (901 EL CAMINO REAL) – EXHIBIT A <br />REV: 04-22-25 VR <br />Page 25 of 28 <br />discretion, determines appropriate, all at Applicant’s sole cost and expense. Applicant shall <br />bear any and 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 fees <br />for outside legal counsel, expert witness fees, court costs, and other litigation expenses) <br />arising out of or 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 incurred by <br />the City. No modification of the Project, any application, permit, certification, condition, <br />environmental determination, other approval, change in applicable laws and regulations, <br />or change in processing methods shall alter the Applicant’s indemnity obligation. Per <br />Government Code Section 66474.9, Applicant’s indemnification obligation with respect to <br />any 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 reason. <br />The City shall promptly notify Applicant of any such claim, action or proceeding and shall <br />cooperate fully in the defense. [COA] [OFFICE OF THE CITY ATTORNEY] <br /> <br />