Common use of Cooperation in the Event of Legal Challenge Clause in Contracts

Cooperation in the Event of Legal Challenge. ‌ A. The filing of any third party lawsuit(s) against City or Developer relating to the Project Approvals or this Agreement or construction of the Project shall not delay or stop the development, processing, or construction of the Project or approval of any Subsequent Approvals, unless the third party obtains a court order preventing the activity. City shall not stipulate to or cooperate in the issuance of any such order. B. City and Developer shall cooperate in the defense of any court action or proceeding instituted by a third party or other governmental entity or official challenging the validity of any provision of the Project Approvals or this Agreement (“Litigation Challenge”), and the Parties shall keep each other informed of all developments relating to such defense, subject only to confidentiality requirements that may prevent the communication of such information. To the extent Developer desires to contest or defend such Litigation Challenge, (a) Developer shall take the lead role defending such Litigation Challenge and may, in its sole discretion, elect to be represented by the legal counsel of its choice; (b) City may, in its sole discretion, elect to be separately represented by the legal counsel of its choice, with the reasonable costs of such representation to be paid by Developer; (c) Developer shall reimburse City, within thirty (30) days following City’s written demand therefor, which may be made from time to time during the course of such Litigation Challenge, all reasonable costs incurred by City in connection with the Litigation Challenge, including City’s reasonable administrative, legal, and court costs and City Attorney oversight expenses; and

Cooperation in the Event of Legal Challenge. ‌ A. The filing In the event of any third party lawsuit(s) against City administrative or Developer relating to the Project Approvals or this Agreement or construction of the Project shall not delay or stop the development, processinglegal action, or construction of the Project or approval of any Subsequent Approvals, unless the third party obtains a court order preventing the activity. City shall not stipulate to or cooperate in the issuance of any such order. B. City and Developer shall cooperate in the defense of any court action or other proceeding instituted by a third party or other party, including another governmental entity or official challenging the validity of any provision of the Project Approvals or this Agreement (a “Litigation Challenge”), and the Parties shall keep each other informed cooperate in defending the Challenge. The City shall promptly notify the Developer of the filing of the Challenge and shall tender the complete defense of the action to the Developer (the “Tender”) and upon the Developer’s acceptance of the Tender, the Developer shall indemnify and hold harmless the City from all developments relating costs and liabilities arising from such an action or proceeding and shall control the defense. Developer shall have the right to settle the Challenge on such defenseterms that Developer may deem appropriate (for example, subject only by agreeing to confidentiality requirements abandon the Project as previously approved or by making a monetary settlement), provided that may prevent Developer shall have no authority to enter into any settlement or resolution of any Challenge that modifies the communication terms of this Agreement or any of the Project Approvals without first obtaining written approval of such informationsettlement or resolution by City. To The Developer shall be responsible for all attorneys’ fees and all other costs of the extent Developer litigation, including but not limited to expert witness fees. If ▇▇▇▇▇▇▇▇▇ informs City within a reasonable time after a Challenge is commenced that ▇▇▇▇▇▇▇▇▇ refuses to accept the Tender, but nonetheless still desires to contest or defend such Litigation Challengebenefit from the case being defended, (a) Developer shall take then the lead role defending such Litigation Challenge and City may, in at its sole discretion, elect to be represented by defend such action. If City so defends, the legal counsel of its choice; (b) City may, in its sole discretion, elect to be separately represented by the legal counsel of its choice, with the reasonable costs of such representation to be paid by Developer; (c) Developer shall reimburse City, within thirty (30) days following City’s written demand therefor, which may be made indemnify and hold City harmless from time to time during the course of such Litigation Challenge, all reasonable attorneys’ fees and costs incurred related to such defense. In any legal action by City in connection with against Developer to enforce the Litigation Challengeprovisions of this Section, including City’s City shall be entitled to all reasonable administrative, legal, attorneys’ fees and court costs and City Attorney oversight expenses; andrelated to such action.

Cooperation in the Event of Legal Challenge. ‌ A. The filing Section 6.01. In the event of any third party lawsuit(s) against City administrative or Developer relating to the Project Approvals or this Agreement or construction of the Project shall not delay or stop the development, processinglegal action, or construction of the Project or approval of any Subsequent Approvals, unless the third party obtains a court order preventing the activity. City shall not stipulate to or cooperate in the issuance of any such order. B. City and Developer shall cooperate in the defense of any court action or other proceeding instituted by a third party or other party, including another governmental entity or official challenging the validity of any provision of the Project Approvals or this Agreement (“Litigation a "Challenge”"), and the Parties shall keep each other informed cooperate in defending the Challenge. The City shall promptly notify the Developer of the filing of the Challenge and shall tender the complete defense of the action to the Developer (the "Tender") and upon the Developer's acceptance of the Tender, the Developer shall indemnify and hold harmless the City from all developments relating costs and liabilities arising from such an action or proceeding and shall control the defense. Developer shall have the right to settle the Challenge on such defenseterms that Developer may deem appropriate (for example, subject only by agreeing to confidentiality requirements abandon the Project as previously approved or by making a monetary settlement), provided that may prevent Developer shall have no authority to enter into any settlement or resolution of any Challenge that modifies the communication terms of this Agreement or any of the Project Approvals without first obtaining written approval of such informationsettlement or resolution by City. To The Developer shall be responsible for all attorneys' fees and all other costs of the extent Developer litigation, including but not limited to expert witness fees. If ▇▇▇▇▇▇▇▇▇ informs City within a reasonable time after a Challenge is commenced that ▇▇▇▇▇▇▇▇▇ refuses to accept the Tender, but nonetheless still desires to contest or defend such Litigation Challengebenefit from the case being defended, (a) Developer shall take then the lead role defending such Litigation Challenge and City may, in at its sole discretion, elect to be represented by defend such action. If City so defends, the legal counsel of its choice; (b) City may, in its sole discretion, elect to be separately represented by the legal counsel of its choice, with the reasonable costs of such representation to be paid by Developer; (c) Developer shall reimburse City, within thirty (30) days following City’s written demand therefor, which may be made indemnify and hold City harmless from time to time during the course of such Litigation Challenge, all reasonable attorneys' fees and costs incurred related to such defense. In any legal action by City in connection with against Developer to enforce the Litigation Challengeprovisions of this Section, including City’s City shall be entitled to all reasonable administrative, legal, attorneys' fees and court costs and City Attorney oversight expenses; andrelated to such action.