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Developer shall indemnify, defend and hold the City harmless fzom <br />any liability imposed for damage or injury occurring by reasons <br />of anything done or omitted to be done by Developer under or in <br />connection with any work, authority or jurisdiction delegated to <br />Developer under this Agreement. <br />21. Cooperation in the Event of Legal Challenge. In the <br />event of any legal or equitable action or other proceeding <br />instituted by a third party, governmental agency or official <br />challenging the validity of any provision of this Agreement or <br />the annexation proceedings described herein, the parties shall <br />cooperate in defending the action or proceeding. The Developer <br />shall bear its own costs of defense and shall reimburse City for <br />any court costs and attorneys fees which the City expends. in <br />defense of a legal action to this Agreement or the procedures <br />thereunder. <br />22. Notices. All notices or communication required <br />hereunder between the City and Developer shall be in writing, and <br />may be given either personally or by certified mail, return <br />receipt requested. If given by certified mail, the notice shall <br />be deemed to have been given and received on the first to occur <br />of (i) actual receipt by any of the addresses designated below as <br />the party to whom notice are to be sent; or (ii) five (5) days <br />after a certified letter containing the notice, properly <br />addressed, with postage prepaid, is deposited in the United <br />States mail. If personally delivered, notice shall be deemed to <br />have been given when delivered to the party to whom it is <br />[Draft 8/1/91] 17 <br />