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expense of the CITY unless the named parties to any suc~ action <br />or proceeding (including any impleaded parties) include both the <br />CITY and PERMIT HOLDER, and the CITY shall have been advised by <br />counsel that there may be one or more legal defenses available to <br />the CITY which are different from or additional to those <br />available to PERMIT HOLDER (in which case, if the CITY notifies <br />PERMIT HOLDER in writing that the CITY elects to employ separate <br />counsel at the expense of PERMIT HOLDER, PERMIT HOLDER shall not <br />have the right to assume the defense of such action or proceeding <br />on behalf of the CITY, it being understood, however, that PERMIT <br />HOLDER shall not, in connection with any one such actions or <br />proceeding or separate but substantially similar or related <br />actions or proceeding in the same jurisdiction arising out of the <br />same general allegations or circumstances, be liable for the <br />reasonable fees and expenses of more than one separate firm of <br />attorneys at any time for the CITY, which firm shall be <br />designated in writing by the CITY.) PER/~IT HOLDER shall not be <br />liable for any settlement of aDy such action or proceeding <br />effected without its written consent, but if settled with its <br />written consent, or if there be a final judgment for the <br />plaintiff in any such action or proceeding, PERMIT HOLDER agrees <br />to indemnify and hold harmless the CITY from and against ~ny loss <br />or liability by reason of such settlement or judgment. <br /> <br /> 5. Governinq Law. This Agreemen~ shall be construed, <br />perfo_~med and enforced in accordance with Minnesota law. <br /> <br /> <br />