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Section 4. The Applicant shall indemnify, protect, defend and hold the City <br />and/or any of its officials, officers, employees, agents, departments, agencies, <br />authorized volunteers, and instrumentalities thereof, harmless from any and all <br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether <br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative <br />dispute resolution procedures (including, but not limited to arbitrations, mediations, <br />and 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 <br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by <br />the City and/or any of its officials, officers, employees, agents, departments, <br />agencies, and instrumentalities thereof (including actions approved by the voters of <br />the City) for or concerning the project, whether such Actions are brought under the <br />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning <br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or <br />any other federal, state or local constitution, statute, law, ordinance, charter, rule, <br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed <br />that the City shall have the right to approve, which approval will not be unreasonably <br />withheld, the legal counsel providing the City's defense, and that Applicant shall <br />reimburse the City for any costs and expenses directly and necessarily incurred by <br />the City in the course of the defense. City shall promptly notify the Applicant of any <br />Action brought and City shall cooperate with Applicant in the defense of the Action. <br />ADOPTED this 13th day of May, 2019. <br />AYES: Benavides, Cano, Contreras -Leo, McLoughlin, Rivera (5) <br />NOES: None (0) <br />ABSTAIN: None (0) <br />ABSENT: Alderete, Nguyen (2) <br />4AOM r <br />Mar McLoughlin <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: /•�-- <br />Lisa Storck <br />Assistant City Attorney <br />Resolution No. 2019-20 <br />