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ORDINANCE 2116 <br />ORDINANCE AMENDING CHAPTER 1 OF THE TOWN OF LOS GATOS <br />MUNICIPAL CODE ADDING SECTION 1.10.115 REQUIRING THAT APPLICANTS <br />DEFEND AND INDEMNIFY THE TOWN IN LEGAL CHALLENGES TO THE ISSUANCE <br />OF PERMITS, LICENSES, ENTITLEMENTS OR APPROVALS <br />THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS <br />FOLLOWS: <br />SECTION I <br />Chapter 1 of the Los Gatos Town Code is amended by adding section 1.10.115 to read as <br />follows: <br />Section 1.10.115. Indemnification of Town <br />Except as otherwise provided by law, an applicant who receives a permit, license, <br />entitlement, or other approval pursuant to Chapters 6, 12, 14 and 29 of this Code shall <br />defend, indemnify, and hold harmless the Town and its officials and employees in any action <br />brought by a third party to overturn, set aside, or void such permit, license, entitlement, or <br />approval. This duty to defend, indemnify, and hold harmless the Town and its officials and <br />employees is a condition of approval of all such permits, entitlements, licenses and approvals <br />whether or not expressly set forth in such permit, license, entitlement, or approval. <br />SECTION II <br />If any of the provisions of this ordinance or the application thereof to any person or property <br />is held invalid, such invalidity shall not affect the other provisions of this ordinance which can be <br />given effect without the invalid provision or application, and to this end the provisions of this <br />ordinance are declared to be severable. <br />SECTION III <br />Any judicial review of this ordinance shall be by writ of mandate, under Code of Civil <br />Procedure 1085. Any action or proceeding seeking to attack, review, set aside, void or annul this <br />1 <br />