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<br /> FILE NUMBER ,
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<br /> NY ' THE :t?'It WtER ,C� T°HRtJETP' t) t ANAtJ "�IC?I�IE ® AGENT IV� It� IE A Ap �'LI ,pTIaN
<br /> I , the Owner/Applicant/Agent agrees to indemnify, defend (with counsel reasonably approved by County) , and hold
<br /> harmless the County and its officers , officials , employees , agents , boards and commissions (collectively " County") as
<br /> follows :
<br /> . INDEMNITY:
<br /> A . From and against any and all claims , demands , actions , proceedings , lawsuits , losses , damages,
<br /> judgments and/or liabilities arising out of, related to , or in connection with the application and applied for project or to
<br /> attack , set aside , void , or annul , in whole or in part, an approval of the applied for project by the County, the adoption of
<br /> environmental review documents related to the applied for project, and any related development approvals or project
<br /> conditions for the applied for project ( hereinafter " Claim ") ;
<br /> B . For any and all costs and expenses Incurred by the County on account of any Claim , except where such
<br /> indemnification is prohibited by law, including but not limited to damages , costs , expenses , attorney' s fees , or expert
<br /> witness costs that may be asserted by any person or entity , private attorney general fees claimed by or awarded to any
<br /> party against the County , and the County ' s costs incurred in preparing an administrative record which are not paid by the
<br /> petitioner,
<br /> C . Except as to the County ' s sole negligence or willful misconduct .
<br /> 2 . DEFENSE :
<br /> A . The County may participate or direct the defense of any Claim . The County' s actions in defense of any
<br /> claim shall not relieve me of any obligation to indemnify , defend , and hold harmless the County.
<br /> B . In the event of a disagreement between County and me regarding defense of any Claim , the County shall
<br /> have the authority to control the litigation and make litigation decisions , including , but not limited to , the manner in which
<br /> the defense is conducted .
<br /> C . If the County reasonably determines that having common counsel presents such counsel with a conflict of
<br /> interest, or if I fail to promptly assume the defense of any Claim or to promptly employ counsel reasonably satisfactory to
<br /> the County , then County may utilize the Office of the County Counsel or employ separate outside counsel to represent or
<br /> defend the County , and I shall pay the reasonable attorneys ' fees and costs of such counsel .
<br /> I , further, certify under penalty of perjury that I am (check one ) .
<br /> © Legal property owner (owner includes partner, trustee , trustor, or corporate officer) of the property ( s) involved in this
<br /> application , or
<br /> ❑ Legal agent (attach proof of the owner' s consent to the application of the properties involved in this application ) and
<br /> have been authorized to file on their behalf, and that the foregoing application statements are true and correct.
<br /> rPrintme : . ,A /,(� �dl Signature : &�
<br /> Date :
<br /> Print Name : Signature : Date :
<br /> Print Name : Signature : Date :
<br /> Print Name : Signature : Date :
<br /> Print Name : Signature : Date :
<br /> Page 6 of 6
<br /> Updated 11 /25/2019
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