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. <br /> _ - . , <br /> ` ' ' ' tlie prior written consent of Developer and the City. <br /> 23. LEGAL CHALLENGE <br /> If any action is brought by any person before any court of competent jurisdicrion, <br /> or any administrative or other agency having any regulatory or other responsibility <br /> therefor, challenging the validity of any provision of this Agreement, or the validity of <br /> any ordinance establishing the Redevelopment Project Are or Adopting Tax Increment <br /> Allocarion Financing for said Area, the Developer shall indemnify and hold harmless the <br /> City for a11 costs and expenses related to the defense of such action, including reasonable <br /> attomey's fees. At its option, the Developer may provide legal representation for the City <br /> for such acrions, in full satisfaction of its obligation hereunder. Funds used to defend <br /> such an action shall be deemed eligible project costs, as allowed by Law, and shall not <br /> count against any caps associated with Phase I or Phase II of this Agreement. Said costs <br /> sha11 be reimbursed to the Developer as a priority over any other funds distributed as a <br /> result of this Agreement but sha11 not accrue interest because of any delay between the <br /> time the expenses may be incurred and when they are reimbursed. <br /> IN WITNESS WHEREOF the parties hereto have caused this Agreement to be <br /> executed by its duly authorized officers on the above date at Decatur, Illinois. <br /> CITY OF DECATUR, ILLINOIS, <br /> A Munic' <br /> May • <br /> ATTEST: <br /> City rk, <br /> , <br /> ��,� � _ - �'�� Dated: <br /> City of Decatur <br /> DEVELOPER: <br /> AIRPORT PLAZA JOINT VENTURE <br /> By: � <br /> Authorized Representarive <br /> 18 <br />