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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 <br />Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other <br />federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or <br />any decision of a court of competent jurisdiction. It is expressly agreed that the City <br />shall have the right to approve the legal counsel providing the City's defense, and that <br />Applicant shall reimburse the City for any costs and expenses directly and necessarily <br />incurred by the City in the course of the defense. City shall promptly notify the <br />Applicant of any Action brought and City shall cooperate with Applicant in the defense <br />of the Action. <br />Section 8. If any section, subsection, sentence, clause, phrase, or portion of <br />this Ordinance is for any reason held to be invalid or unconstitutional by the decision of <br />any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby <br />declares that it would have adopted this Ordinance and each section, subsection, <br />sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more <br />sections, subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />ADOPTED this 1511 day of October, 2024. <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />E <br />Laura A. Rossini <br />Chief Assistant City Attorney <br />AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, <br />Penaloza Vazquez 6 <br />NOES: Councilmembers <br />ABSTAIN: Councilmembers <br />ABSENT: Councilmembers <br />None (0) <br />Phan (1) recusal <br />None (0) <br />Ordinance No. NS-3070 <br />Page 15 of 16 <br />