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further conditioning or impairing the Developer's development, use, <br />or maintenance of any portion of the Property or impairing any of <br />the Developer's rights hereunder. In addition, City shall provide <br />reasonable assistance to Developer in defending any such action, <br />such assistance to include (i) making available, upon reasonable <br />notice and compensation, City officials and employees who are or <br />may be witnesses in such action, and (ii) provision of other <br />information within the custody or control of City that is relevant <br />to the subject matter of the action and capable of disclosure, upon <br />payment or appropriate arrangements for payment of the costs of <br />duplicating documents. <br /> <br /> Developer and its successors and assigns shall have the <br />right but not the obligation to defend any such action. In this <br />regard, Developer's (and its successors' and assigns') right to <br />defend shall include the right to hire attorneys and experts <br />necessary to defend, the right to process and settle reasonable <br />claims, the right to enter into reasonable settlement agreements <br />and pay amounts as required by the terms of such settlement <br />agreements, and the right to pay any judgments assessed against <br />Developer or city. Notwithstanding the foregoing, Developer and <br />its successors and assigns shall not settle or compromise any claim <br />or action filed against City without City's prior consent. <br /> Developer shall indemnify and hold harmless City from and <br /> against any claims, losses, liabilities, or damages assessed or <br /> awarded against either of them by way of judgment, settlement, or <br /> stipulation arising out of this Development Agreement aD./or the <br /> Approvals. <br /> <br />25. Enforceability of Agreement. <br /> <br /> The City and Developer and its successors and assigns <br />agree that unless this Development Agreement is amended or <br />terminated pursuant to the provisions of this Development Agree- <br />ment, this Development Agreement shall be enforceable by either <br />party hereto notwithstanding any change hereafter in any applicable <br />General Plan, redevelopment plan, specific plan or zoning ordi- <br />nance. <br /> <br />27. Cooperation; ~xecution of Documents. <br /> <br /> Each party shall execute and deliver to the other all <br />such other further instruments and documents as may benecessary to <br />carry out this Development Agreement in order to provide and secure <br />to the other party the full and complete enjoyment of its rights <br />and privileges hereunder. <br /> <br />28. Justifiable Reliance. <br /> <br /> city and Developer and its successors <br />acknowledge that, in investing its time, money, <br /> <br />and assigns each <br />and expertise for <br /> <br />28 <br /> <br /> <br />