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procedures), judgments, orders, and decisions (collectively "Actions"), brought against <br />the City and/or any of its officials, officers, employees, agents, departments, agencies, <br />and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or <br />annul, any action of, or any permit or approval issued by the City and/or any of its officials, <br />officers, employees, agents, departments, agencies, and instrumentalities thereof <br />(including actions approved by the voters of the City) for or concerning the project, <br />whether such Actions are brought under the Ralph M. Brown Act, California <br />Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code <br />of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, <br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent <br />jurisdiction. It is expressly agreed that the City shall have the right to approve, which <br />approval will not be unreasonably withheld, the legal counsel providing the City's defense, <br />and that applicant shall reimburse the City for any costs and expenses directly and <br />necessarily incurred by the City in the course of the defense. City shall promptly notify <br />the applicant of any Action brought and City shall cooperate with applicant in the defense <br />of the Action. <br />Section 5. Severability. If any provision of this Resolution or the application of <br />any such provision to any person or circumstance is held invalid, such invalidity shall not <br />affect other provisions or applications of this Resolution that can be given effect without <br />the invalid provision or application, and to this end the provisions of this Resolution are <br />severable. The City Council declares that the City Council would have adopted this <br />Resolution irrespective of the invalidity of any particular portion of this Resolution. <br />Section 6. This Resolution shall take effect immediately upon its adoption by <br />the City Council, and the Clerk of Council shall attest to and certify the vote adopting this <br />Resolution. <br />t bA-40 <br />