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<br />Since the City's need for participating in the Lawsuit was not planned or anticipated and has <br />not been funded in the City's budget, Tanger Properties agrees to facilitate the City's participation <br />in the Lawsuit by the following: <br /> <br />1. Tanger Properties will hold harmless and indemnify the City and its officers, agents <br />and employees as to any monetary awards that may be adjudged against them by the <br />Court as a result of the Plaintiffs claims in the Lawsuit that relate to the Easement, <br />including without limitation damages, reasonable and necessary attorneys' fees that <br />are actually incurred by the Plaintiff, and court costs. This agreement does not <br />obligate Tanger Properties to hold harmless and/or indemnify the City or its officers, <br />agents, or employees as to any monetary awards that may be adjudged against them <br />by the Court as a result of claims that the Plaintiff may assert relating to matters other <br />than the Easement. <br /> <br />2. The City agrees that it will be represented in the Lawsuit by the City's in-house legal <br />counsel unless it becomes necessary for the City to retain outside counsel. Tanger <br />Properties agrees to cooperate with the City's lawyers in order to minimize the need <br />for the City to seek the assistance of outside counsel. If the City determines it is <br />necessary for the City to hire outside counsel in order to protect its interests regarding <br />the Plaintiffs claims in the Lawsuit that relate to the Easement, Tanger Properties <br />will reimburse the City for all reasonable and necessary attorneys' fees that the City <br />actually incurs to the extent that those fees are directly related to the claims in the <br />Lawsuit that relate to the Easement. <br /> <br />3. The City agrees to make its relevant records available to Tanger Properties, to make <br />current City employees with knowledge ofthe facts involved in the Lawsuit available <br />to provide testimony in the Lawsuit, and to cooperate with Tanger Properties in other <br />reasonable ways regarding the Lawsuit with respect to the Easement. <br /> <br />If you are in agreement with all ofthe foregoing, please have both originals ofthis agreement <br />countersigned, and return one to me. Thank you for your cooperation and assistance. <br /> <br />Agreed to and Accepted: <br /> <br />Sincerely, <br />Tanger Properties Limited Partnership <br /> <br />..~ <br />By:d ;: <br /> <br />Stanley K. Tanger, Aut <br /> <br /> <br />L~~~ <br /> <br />City Manager <br /> <br />2 <br />