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7. INDEMNIFICATION (CONTINUED): <br />All parties understand that litigation could result in connection with the random selection process <br />(Lottery). If any party files a legal action against the City in connection with the random <br />selection process (Lottery) (including Applicants, federal or state regulatory agencies or other <br />parties), and/or if Consultant is named as a Defendant or party to that action against the City, or <br />any other separate legal action solely against Consultant, then City agrees to hold Consultant <br />harmless with respect to such actions. All of Consultant's reasonable legal fees and costs <br />associated with the litigation will be paid by the City, including but not limited to: <br />• Attorney's fees <br />• Document production costs (salaries and out-of-pocket costs) <br />• Cost to prepare for and attend depositions <br />• Cost to prepare for and testify at trial <br />• Other costs associated with the litigation, such as meetings with attorneys, meeting with <br />City officials, etc. <br />• Court costs <br />• A settlement amount, judgment, and/or any imposed penalties. <br />The City will be invoiced by the Consultant based on the hourly rates listed on Exhibit A of the <br />Consultant Agreement in relation to any resulting litigation following the random selection <br />process (Lottery). <br />MARIA D.IIUIZAR <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attogy <br />By:_ <br />Sandra <br />City Attorney <br />CIT S ANA <br />C�Aq 4MS <br />DAVID CAVAZOS <br />City Manager <br />CONSULTANT: <br />E <br />9%,Y4 <br />WILLIAM S. MORGAN <br />Principal <br />Tax ID# 33-0686301 <br />Wbite Nelson Diebl Evans LLP <br />Certified Public Accountants & <br />Consultants <br />E <br />