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6.1. F. - Page 47
<br /> actions could result in Applicant having made improvements or constructed b�iidings
<br /> that might req�iire alteration or i•emoval.
<br /> 2. Applicant waives any right of action against Ci�y, and will hald City harmless for
<br /> any casts, fees or da�ages incu�•red by Applicant or any third pa�-�y, in the event that the
<br /> Lawsuit o�• a�y claim(s), aetian(s), or proceeding(s} (collectively refei�ed to as
<br /> "pzoceeding") related thereto, succeeds, in whole or in part, in setting aside, voiding,
<br /> modifying or ann�lling the Application(s) or any development approval g�•anted pursuant
<br /> to the Application(s).
<br /> 3. Applicant agrees, as part of, and in connection with, the Application{s} to defe�d,
<br /> indemnify, and hold harmless the City a�d its officers, contractors, con�ultants, attorneys,
<br /> empioyees and agen�s froin any additional proceeding brought in conjunction with the
<br /> Lawsuit, or in �•eliance on a judicial decision rendered pursuant the Lawsuit, ta
<br /> specifieally challenge, set aside, void, modify or• annul:
<br /> a. Any approvals issued in connection with any of the above desc�ibed
<br /> Application(s} by City; and/o�•
<br /> b. Any action taken to p�•ovide reiated environmental clearance unde�• the California
<br /> Environmental Quality Act of 1970, as amended {"CEQA") by City's advisory
<br /> agencies, boards or commissions; appeals boards or cammissions; Planning
<br /> Comrnissian, or City Council.
<br /> �-. If, after initiation of a p�•oceeding as described in the preceding section {which
<br /> proceeding shall hereinafter be refet7•ed to as a"Specific Proceeding"), Applicant
<br /> contin�es to pursue the City appravals r�quested in its Applicati�n(s}, Applicant agrees to
<br /> defend, indemnify and hold harmless Cify, its off cers, cont�actox•s, consultants, attozxi.eys,
<br /> employees and agents �o�• alI costs and �ees incurred in additional investigation or study
<br /> of, o� fo� supplementing, redrafting, revising, or amending, any doeument {such as an
<br /> environmental impact report, negative declaration, specific plan, ot� general plan
<br /> amendment) if made necessary by sueh �pecif c Proceeding.
<br /> 5. If any provisian of this Agreement is, or hereznaftez• is, adjudged by a couz•t o�
<br /> compe#ent j�uisdictio� to be, foz• any zeason, vaid, unenforceable or invalid, the remainder
<br /> af this Ag�•eezr�ent shall be and remain in full force and effect.
<br /> 6. Applicant's waivers with rega��d to City as well its commitments to the defense
<br /> and indemnification of City set forth herain shall rcmain in full force and effect
<br /> throughout all stages of the Lav�rsuit, any Specific Proceeding and any related
<br /> �roceedings, including any and all appeals af lower cou�� judgments rende�ed in the
<br /> Lawsuit or Speci�c Proceeding. After review a�d consideration of all of the foregaing
<br /> ferins and conditions, Applicant, by its signat�re below, hereby agrees to be bound by
<br /> and to fi�lly and tiinely comply with all af the foregoing te��rns and conditions.
<br /> C:IUserslbsmith.PPG1AppDatalLocallMicrasoftlWindowslTemparary Inte��net FileslOLICF4b81201 l OOl
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