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104 <br />suffered, by reason of the events referred to in <br />Section 11.5 or due by reason of the terms of, or <br />effects, arising from this Agreement or any approval or <br />certification by the City relating to the Project, <br />regardless of whether or not the City prepared, <br />supplied or approved this Agreement, plans or <br />specifications, or both, for the 'Project. Developer <br />further agrees to indemnify, hold harmless, and pay all <br />costs for the defense of the City, including fees and <br />costs for special counsel to be selected by the City, <br />regarding any action by a third party challenging the <br />validity of this Agreement or any approval or <br />certification by the City relating to the Project, or <br />asserting that damages, just compensation, restitution, <br />judicial or equitable relief is due to personal or' <br />property rights by reason of the terms of, or effects <br />arising. from this Agreement. City may make all <br />reasonable decisions with respect to its representation <br />in any legal proceeding, <br />10, This Amendment may be executed in counterparts which, <br />when both of the parties hereto have signed this Amendment, shall <br />constitute an original. "t <br />11. The Effective Date of this Amendment, when both parties <br />hereto have signed this Amendment, shall be the latest of the dates <br />set next to the signatures of the parties below, and such date <br />shall be inserted into the preamble of this Amendment; <br />12. Except as hereby amended, the Agreement shall remain in <br />full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have entered into this <br />Amendment as of the Effective Date. <br />ATTEST: CITY OF SAN ANA <br />4YorC l< By 4al. /9 <br />ca C..Guy e i! <br />l rk of the Council <br />Va o 14 of 14 <br />7 D-58 <br />