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of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, <br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent <br />jurisdiction. It is expressly agreed that the City shall have the right to approve the legal <br />counsel providing the City's defense, and that Applicant shall reimburse the City for any <br />costs and expenses directly and necessarily incurred by the City in the course of the <br />defense. City shall promptly notify the Applicant of any Action brought and City shall <br />cooperate with Applicant in the defense of the Action. <br />Section 8. If any section, subsection, sentence, clause, phrase, or portion of this <br />Resolution is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this Resolution. The City Council of the City of Santa Ana hereby declares that <br />it would have adopted this Resolution and each section, subsection, sentence, clause, <br />phrase, or portion thereof irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />ADOPTED this day of , 2025. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />Melissa M. Crosthwaite <br />Senior Assistant City Attorney <br />AYES: Councilmembers: <br />NOES: Councilmembers: <br />ABSENT: Councilmembers: <br />ABSTENTIONS: Councilmembers: <br />Valerie Amezcua <br />Mayor <br />Resolution No. 2025-XXX <br />Page 4 of 20 <br />