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property from applying new or amended ordinances, <br /> rules, regulations and policies which are <br /> applicable on a city-wide basis and which do not <br /> conflict with those rules, regulations and <br /> policies applicable to the property as set <br /> forth herein or in the Development Agreement, <br /> nor shall City be prevented by this Agreement <br /> or the Development Agreement from denying or <br /> conditionally approving any subsequent <br /> development project application on the basis <br /> of such existing, new or amended ordinances, <br /> rules, regulations and policies. <br /> <br /> 3o Taxes on the subject property shall be pro-rated <br /> <br />as of the date of recording of the Final Order of Condemnation <br />in the Condemnation action. <br /> <br /> 4. City agrees to and shall indemnify and hold Owners <br />and their agents, representatives and employees harmless from <br />any liability for damage or claims for damage for personal <br />injury, including death, as well as from claims for property <br />damage which may arise from public use of the wall referred <br />to in Subparagraph 2.C above. City agrees to and shall, at <br />City expense; defend Owners and their agents, representatives <br />and employees from any suits, actions or proceedings at law <br />or in equity for damage caused or alleged to have been by <br />reason of the wall. <br /> <br /> 5. If an action is brought by any of the parties hereto <br />to enforce ox interpret its terms, the prevailing party is <br /> <br />-10- <br /> <br /> <br />