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counsel, and litigation costs shall be fully reimbursed to City by Developer. City will provide <br /> Developer with monthly invoices for all such costs in the case of a Proposal-Related Challenge <br /> by a third party. Developer shall make payment to the City for any costs covered by this section ' <br /> within thirty (30) days of receipt of an invoice from City for such costs. <br /> iii. Developer's waivers with regard to City as well its commitments to the <br /> defense and indemnification of City set Forth herein shall remain in full force and effect <br /> throughout all stages of any lawsuit, claim, or proceeding. <br /> iv. In the event of any proposal/application/project related challenge, by <br /> another developer or other third party, the Parties shall cooperate in defending against such <br /> challenge. Each party shall promptly notify the other of any such challenges. Developer shall <br /> assist and cooperate at its expense with City in connection with any such challenges. <br /> (c) In any action at law or equity or other legal or administrative proceeding arising <br /> out of or relating to this Agreement, or Developer's Proposal, or City's review, eval�ation, <br /> consideration, proceeding or disposition of Developer's Proposal, including but not limited to <br /> any Developer Processing Challenge or any other challenge, neither City or Developer shall be <br /> entitled to damages or other remedies or relief except as expressly set forth in this Agreement. <br /> Permitted remedies shall include mandatory or injunctive relief, writ of mandate, specific <br /> performance or termination of this Agreement, or a claim for reimbursement of unexpended <br /> funds and advanced by Developer to City. Without limiting the generality of the foregoing, <br /> neither City nor Developer shall be liable under any circumstances for any direct, indirect, <br /> special, compensatory, consequential, punitive or exemplary damages, regardless of whether the <br /> claim for damages is based on contract, tort, statute or other basis of liabiliry. <br /> (d) Indemnification Survives Termination. The rights and obligations set forth in this <br /> Section 5.08 shall survive termination of this Agreement. <br /> Section 5.09. Amendment of This Aereement. This Agreement may be amended from <br /> time to time, in whole or in part, only by written amendment executed by the Parties. <br /> 1!1 <br /> /// <br /> /// <br /> /// � � <br /> /// <br /> /// <br /> /// <br /> ATTY/AGR/2072.010IREIMBURSEMENTAGREEMENT BLOCK 2 <br /> REV: 01I25112 � � <br /> Page 7 of 9 <br />