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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 crusts) <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 />Consultwt Agreement in relation to any resulting litigation following the random selection <br />process (Lottery). <br />ATTEST: <br />IYIARIA D. HUIZAR <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attor,y <br />Sandra. <br />City Attorney <br />25D -20 <br />CONSULTANT: <br />WILLIAM S. MORGAN tyj <br />Principal <br />Tax ID# 33- 0686301 <br />White Nelson .Diehl Evans LLP <br />Certified Public Accountants eta <br />Consultants <br />4 <br />