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<br />Section 3. Representations and Warranties of the <br />County. The County represents and warrants as follows: <br /> <br /> <br />(a) the County has duly authorized the execution of <br /> <br /> <br />this Agreement by appropriate action of the Commissioners Court; <br /> <br /> <br />and <br /> <br /> <br />(b) the County has made the payment described In <br /> <br /> <br />Section l(b) from current revenues and not from funds raised or <br /> <br /> <br />to be raised by taxation. <br /> <br /> <br />Section 4. County to Lease Certain LUEs; Consent of <br /> <br /> <br />Ci ty. The County intends to lease the Hospital Tract in con- <br /> <br /> <br />nection with the Financing Plan and, under the terms of such <br /> <br /> <br />lease, the County will lease to the lessee thereof sufficient <br /> <br /> <br />LUEs purchased from the City pursuant to this Agreement to enable <br /> <br /> <br />such lessee to proceed with the development of the Hospital <br /> <br /> <br />Tract. The City hereby consents to the leasing of such LUEs as <br /> <br /> <br />part of a normal development process. <br /> <br /> <br />Section 5. County to Indemnify City. The County <br /> <br /> <br />releases and shall defend and hold the City and each of the <br /> <br /> <br />members of the City Council (the "Indemnified Parties") harmless <br /> <br /> <br />from any liability or claim (including expenses of the defense <br /> <br /> <br />thereof except as otherwise provided in this Section) incurred by <br /> <br /> <br />or served against any such Indemnified Party as a result of any <br /> <br /> <br />action or omission by such Indemnified Party hereunder. The <br /> <br /> <br />County may, and if requested in writing by any Indemnified Party <br /> <br /> <br />shall, undertake the defense of any claim, action, or proceeding <br /> <br /> <br /> <br /> <br /> <br />-4- <br />