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To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any regulatory permit pursuant to this section or the operation of any cannabis business facility approved pursuant to this section. As a condition of approval of a regulatory permit as provided in this section, the applicant or its legal representative shall:

a. Execute an agreement indemnifying the city from any claims, damages, etc., associated with the operation of the cannabis business facility;

b. Maintain insurance in the amounts and of the types that are acceptable to the City Manager or designee;

c. Name the City as an additionally insured on all City required insurance policies as set forth in the City’s standards for insurance coverage;

d. Agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a regulatory permit; and

e. Agree to reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to the City’s approval of a regulatory permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. (Ord. #229-2019, S5 (Exh. B))