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6. Hold Harmless. <br /> <br /> A. Owner and its successors and assigns agree <br /> <br />that the City will not be liable to Owner or its successors <br />and assigns for consequential damages in the event the City <br />is unable to fulfill its obligations pursuant to this <br />Amended Development Defermerit Agreement for reasons beyond <br />its reasonable control. <br /> <br /> B. In the event of any litigation by any third <br />party relating to the validity of this Amended Agreement, <br />(Twner agrees to hold harmless, defend and indemnify the <br />City. Owner's obligation to indemnify City pursuant to this <br />Paragraph shall not exceed Two 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 Mozart Amended Development Deferment Agreement dated <br />of even date herewith between City, Foothill and Mozart, <br />concerning Parcel 2 and Parcel B. 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 /> <br /> C. In the event that a Court determines that any <br />Parcel 1 Sewer Permits revert to the City based upon a <br />~'nding that this Amended Agreement is invalid, the City <br />agrees to sell such sewer capacity to Owner for payment of <br />the then applicable sewer connection fees. The City's <br /> <br /> 13 <br /> <br /> <br />