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<br />. Hi-0.~~?8 f n <br />improvements which are the subject of building permits <br />(whether or not such buildings have been constructed). <br />6. Hold Harmless. <br />A. Although Mozart (and its assignee) are <br />relying upon this Amended Agreement in connection with the <br />expenditure of substantial stuns of money, Owner and ite <br />successors and assigns agree that the City will not be <br />liable to Owner or its successors and assigns for <br />consequential damages in the event the City is unable to <br />fulfill its obligations pursuant to this Amended Development <br />Deferment Agreement for reasons beyond its reasonable <br />control. <br />B. In the event of any litigation by any third <br />party relating to the validity of this Amended Agreement, <br />Owner agrees to hold harmless, defend and indemnify the <br />City. Owner's obligation to indemnify City pursuant to this <br />Paragraph shall not exceed nvo Hundred Fifty Thousand <br />Dollars ($250,000.00), less any amounts paid in respect of a <br />like indemnity obligation pursuant to Paragraph 6.B of that <br />certain Foothill/SAB Amended Development Deferment Agreement <br />dated of even date herewith, between City, Foothill and SAB, <br />concerning Parcel 1 and Parcel C. City agrees to cooperate <br />with Owner as necessary to the defense of any such <br />litigation. Owner and City agree not to contest the <br />validity of this Amended Agreement against each other. <br />15 <br />