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'.' ~ ~ <br />reimbursement, City shall not be responsible to pay Developer the <br />reimbursement which would have been collected and paid to <br />Developer, provided that Developer shall be entitled, and is <br />hereby authorized by City, to pursue collection of such <br />reimbursement by means of a private right of action, or any other <br />lawful means, against the party using the Improvements without <br />payment of the required reimbursement. City shall participate <br />in, cooperate with and assist Developer in any such action, upon <br />request of the Developer, if such participation and cooperation <br />is required to enforce Developer's collection rights hereunder. <br />In that event, Developer shall indemnify and hold the City <br />harmless from any and all claims arising out of any third party <br />claims against the City. <br />THIS AGREEMENT is executed as of the date and year first <br />above written. <br />CITY OF PLEASANTON <br />By: <br />Deborah Acosta <br />City Manager <br />AT~'F~ST <br />~/~~~ 1 .~, ~ /'.7~ t ~ q .v` <br />Pegg ~ Lf.t "Ezidro; City Clerk <br />APPROVED J'AS TO FORM: <br />'~ ~ <br />Michael H. Roush, City Attorney <br />DEVELOPER: <br />MOLLER RANCH ASSOCIATE L.P. <br />By: <br />Its Authorized Agent <br /> <br />(Moller1.296) <br />4 <br />