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Change of address by either party shall be by notice given to the other in the same <br />manner as above specified. <br /> <br /> 4. Defense. If any action or proceeding shall be brought or asserted against <br />the CITY in respect of which indemnity may be sought from WMMI, the CITY shall <br />promptly notify WMMI in writing, and WMMI shall assume the defense thereof, <br />including the employment of counsel and the payment of all expenses. The CITY shall <br />have the right to employ separate counsel in any such action and to participate in the <br />defense thereof, but the fees and expenses of such counsel shall be the expense of <br />the CITY unless the named parties to any such action or proceeding (including any <br />impleaded parties) include both the CITY and WMMI, and the CITY shall have been <br />advised by counsel that there may be one or more legal defenses available to the CITY <br />which are different from or additional to those available to WMMI (in which case, if <br />the CITY notifies WMMI in writing that the CITY elects to employ separate counsel <br />at the expense of WMMI, WMMI 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 />WMMI shall not, in connection with any one such actions or proceeding or separate <br />but substantially similar or related actions or proceeding in the same jurisdiction arising <br />out of the same general allegations or circumstances, be liable for the reasonable fees <br />and expenses of more than one separate firm of attorneys at any time for the CITY, <br />which firm shall be designated in writing by the CITY.) WMMI shall not be liable for <br />any settlement of any such action or proceeding effected without its written consent, <br />but if settled with its written consent, or if there be a final judgment for the plaintiff <br /> <br />4 <br /> <br /> <br />