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those availal~le to PERMIT HOLDER (in which case, if the CITY notifies PERMIT <br />HOLDER in Writing that the CITY elects to employ separate counsel at the expense of <br />PERMIT HOLDER, PERMIT HOLDER shall not have the right to assume the defense of <br />such action or proceeding on behalf of the CITY, it being understood, however, that <br />PERMIT HOLDER shall not, in connection with any one such actions or proceeding or <br />separate but substantially similar or related actions or proceeding in the same <br />jurisdiction arising out of the same general allegations or circumstances, be liable for <br />the reasonable fees and expenses of more than one separate firm of attorneys at any <br />time for the CITY, which firm shall be designated in writing by the CITY.) PERMIT <br />HOLDER shall not be liable for any settlement of any such action or proceeding <br />effected withoutits written consent, but if settled with its written consent, or if there <br />be a final judgment for the plaintiff in any such action or proceeding, PERMIT HOLDER <br />agrees to indemnify and hold harmless the CITY from and against any loss or liability <br />by reason of such settlement or judgmer~t. <br /> <br /> 5. ~Governinq Law. This Agreement shall be construed, performed and <br />enforced in accordance with Minnesota law. <br /> <br /> 6. Bindinq. This Agreement shall be binding upon and shall inure to the <br />benefit of the parties hereto and their respective successors and assigns. <br /> <br />4 <br /> <br /> <br />