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action, and (ii) provision of other <br />information within the custody or control of <br />.City that is relevant to the subject matter of <br />the action. <br />(3) Developer shall have the right, but not the <br />obligation, to defend any such action. In <br />this regard, Developer's right to defend shall <br />include the right to hire attorneys and <br />experts necessary to defend, the right to <br />process and settle reasonable claims, the <br />right to enter into reasonable settlement - <br />agreements and pay amounts as required by the <br />terms of such settlement agreements, and the <br />right to pay any judgments assessed against <br />Developer or City; provided the Developer <br />shall not settle or compromise any claim or <br />action filed against City without City's prior <br />consent. If Developer defends any such <br />action, as set forth above, it shall indemnify <br />and hold harmless City from and against any <br />claims, losses, liabilities, or damages <br />assessed or awarded against City by way of <br />judgment, settlement, or stipulation. if <br />Developer does not defend any such action as <br />set forth herein, Developer shall have no <br />responsibility for the payment of or defense <br />-20- <br />2/23/90 <br />