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. , , � �� , , <br /> ��1 > � � � ��i � � ( <br /> 21. NO RECORDATION <br /> The parties agree that this Agreement may not and shall not be recorded without the prior <br /> written consent of Developer and the City. <br /> 22. LEGAL CHALLENGE <br /> If any action is brought by any person before any court of competent jurisdiction, or any <br /> administrative or other agency having any regulatory or other responsibility therefor, <br /> challenging the validity of any provision of this Agreement, or the validity of any ordinance <br /> establishing the Redevelopment Project are or Adopting Tax Increment Allocation Financing <br /> for said Area, the Developer shall indemnify and hold harmless the City for all costs and <br /> expenses related to the defense of such action, including reasonable attorney's fees. At its <br /> option, the Developer may provide legal representation for the City for such actions, in full <br /> satisfaction of its obligation hereunder. Funds used to defend such an action shall be deemed <br /> eligible project costs, as allowed by Law, and shall not count against any caps associated with <br /> Phase I or Phase II of this Agreement. Said costs shall be reimbursed to the Developer as a <br /> priority over any other funds distributed as a result of this Agreement but shall not accrue <br /> interest because of any delay between the time the expenses may be incurred and when they are <br /> reimbursed. <br /> Page 16 of 29 <br />