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such other procedures), judgments, orders, and decisions (collectively "Actions"), <br />brought against the City and/or any of its officials, officers, employees, agents, <br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to <br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the <br />City and/or any of its officials, officers, employees, agents, departments, agencies, and <br />instrumentalities thereof (including actions approved by the voters of the City) for or <br />concerning the project, whether such Actions are brought under the Ralph M. Brown <br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision <br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or <br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a <br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to <br />approve, which approval will not be unreasonably withheld, the legal counsel providing <br />the City's defense, and that Applicant shall reimburse the City for any costs and <br />expenses directly and necessarily incurred by the City in the course of the defense. <br />City shall promptly notify the Applicant of any Action brought and City shall cooperate <br />with Applicant in the defense of the Action. <br />ADOPTED this 131' day of May 2019 by the following vote: <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By. <br />Lisa Storck <br />Assistant City Attorney <br />Mark McLoughlin <br />Chairperson <br />Resolution No. 2019-xx <br />Page 4 of 5 <br />75H-19 <br />