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~he fees and expenses of such counsel shall be the e>~enses of the <br />CITY unless the named pa~cies to any such action or proceeding <br />(including any impleaded parties) include both ~he CITY and PEPJ~IT <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 ~hose available to PERMIT HOLDER <br />(in which case, if t_he CITY notifies PF2~M2[T HOLDER in writing that <br />the CITY elects to employ separate counsel at -~he expense of P~-~RMIT <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 e~enses cf <br />more than one separate firm of attorneys at any time for the CITY, <br />%,hich fi~--m shall be designated in writing by the CITY.) PERMIT <br />HOLDER shall not be liable for any settle_merit of any such action <br />or proceeding effected without its written consent, but if settled <br />with its %~itten consent, or if there be a final judgment for the <br />plaintiff in any such action or proceeding, PEk~!T HOLDER agrees <br />to indemnify and hold ha_~mless the CITY from and against any loss <br />or liability by reason of such settlement or judgment. <br /> <br /> 5. Governin~ Law. This Agre=_ment shall be const_--ued, <br />perfo_-med and enforced in accordance with Minnesota law. <br /> <br /> <br />