Cooperation in the Event of Initiative or Legal Challenge. In the event an initiative measure is passed which may affect the validity of the License, Applicant and Town shall meet and confer in good faith to mutually determine the proper course of action. In the event Town and Applicant jointly determine to challenge such initiative measure, Applicant shall provide for any challenge to such initiative measure at its sole cost and expense. In the event that a court determination has the effect of preventing, delaying or modifying the issuance or use of the License, Town and Applicant shall meet and confer in good faith to determine if there are alternative means of achieving the mutual goals and objectives of this Agreement, in light of such court action.
Cooperation in the Event of Initiative or Legal Challenge a. Legal Challenge If any legal action or special proceeding related to the Permit is commenced by anyone for any reason, the City and Applicant agree to cooperate with each other in good faith to defend the City. In any legal action or special proceeding in which the City is a party, the Applicant shall not settle such action or proceeding without the consent of the City, which consent shall not be unreasonably withheld. In the event of a disagreement between City and the Applicant over litigation issues, City shall have the authority to control the litigation and make litigation decisions, including, but not limited to, the manner in which the defense is conducted. If City reasonably determines that having common counsel would present such counsel with a conflict of interest, or if the Applicant fails to promptly assume the defense of the claim or to promptly employ counsel reasonably satisfactory to City, then City may employ separate counsel to represent or defend City and the Applicant shall pay the reasonable attorneys’ fees and costs of such separate counsel.
Cooperation in the Event of Initiative or Legal Challenge
