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Section 4. The Applicant agrees to indemnify, hold harmless, and defend the <br />City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, <br />claims, actions or proceedings that may be brought arising out of its approval of this <br />project, and any approvals associated with the project, including, without limitation, any <br />environmental review or approval, except to the extent caused by the sole negligence of <br />the City of Santa Ana. <br />Section 5. If any section, subsection, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council of the City of Santa Ana hereby <br />declares that it would have adopted this ordinance and each section, subsection, <br />sentence, clause, phrase or portion thereof irrespective of the fact that any one or more <br />sections, subsections, sentences, clauses, or portions be declared invalid or <br />unconstitutional. <br />ADOPTED this 15'" day of May, 2018 <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br />By: � C -- <br />Lisa Storck <br />Assistant City Attorney <br />AYES: Councilmembers <br />NOES: Councilmembers <br />ABSTAIN: Councilmembers <br />NOT PRESENT: Councilmembers <br />Miguel A. Pulido <br />Mayor <br />11C-5 <br />Ordinance No. NS-xxxx <br />Page 3 of 4 <br />