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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 PER34~IT 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 fi_~m cf <br />attorneys, at any time for the CITY, "~h_~h fi~--m she~. _. be <br />designated in writing by the CITY.) PERMIT HOLDER shall not be <br />liable for any settlement of any such action or proceeding <br />effected without its written consent, but if settled with its <br />written consent, cr if there be a final Dud~ent for the <br /> <br />~_= .... ~__ any such actlcn or proceeding, ~==~"~ HOLDER a~rees <br /> <br />to indemnify and hold ha_-r.!ess the CiTY from and a~ainst any loss <br />~- ~iaDility by reason cf such <br /> <br />perfc_-r.._~ an~ enfcrce~ in =c~cr=*--0 -~ish ~.':-~==--= ia-'. <br /> <br /> <br />