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new significant environmental effects or a substantial increase in
<br />the severity of previously identified significant effects.
<br />
<br />B. There is not a substantial change with respect to the circumstances
<br />under which the project will be developed that would require major
<br />revisions of the 2010 EIR due to the involvement of new significant
<br />environmental effects or a substantial increase in the severity of the
<br />previously identified significant effects.
<br />
<br />C. New information of substantial importance has not been presented
<br />that was not known and could not have been known with the
<br />exercise of reasonable diligence at the time the 2010 EIR was
<br />certified or adopted, showing any of the following: (i) that the
<br />modifications would have one or more significant effects not
<br />discussed in the earlier environmental documentation; (ii) that
<br />significant effects previously examined would be substantially more
<br />severe than shown in the earlier environmental documentation; (iii)
<br />that mitigation measures or alternatives previously found not to be
<br />feasible would in fact be feasible and would substantially reduce
<br />one or more significant effects, but the Applicant declined to adopt
<br />such measures; or (iv) that mitigation measures or alternatives
<br />considerably different from those analyzed previously would
<br />substantially reduce one or more significant effects on the
<br />environment, but which the Applicant declined to adopt.
<br />
<br />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
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