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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />HOLDER, and the CITY shall have been advised by counsel that there <br />may be one or more legal defenses available to the CITY which are <br />different from or additional to those available to PERMIT HOLDER <br />(in which case, if the CITY notifies PERMIT HOLDER in writing that <br />the CITY elects'to employ separate counsel at the expense of PERMIT <br />HOLDER, PERMIT HOLDER shall not have the right to assume the <br />defense of such action or proceeding on behalf of the CITY, it <br />being understood, however, that PERMIT HOLDER shall not, in <br />connection with any one such actions or proceeding or separate but <br />substantially similar or related actions or proceeding in the same <br />jurisdiction arising out of the same general allegations or <br />circumstances, be liable for the reasonable fees and expenses of <br />more than one separate firm of attorneys at any time for the CITY, <br />which firm shall be designated in writing by the CITY~) PERMIT <br />HOLDER shall not be liable for any settlement of any such action <br />or proceeding effected without its written consent, but if settled <br />with its 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 any loss <br />or liability by reason of such settlement or judgment. <br /> <br /> 5. Governing Law. This Agreement shall be construed, <br />performed and enforced in accordance with Minnesota law. <br /> <br /> 6. Binding. This Agreement shall be binding upon and shall <br />inure to the benefit of the parties hereto and their respective <br />successors and assigns. <br /> <br /> <br />