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property is contiguous to the City. "Contiguous" is defined in Section 171.031(11) Florida <br /> Statute, to mean "that a substantial part of a boundary of the territory sought to be annexed by a <br /> municipality is coterminous with a part of the boundary of the municipality. Should there be <br /> any legal challenge to the annexation of the property, whether based on contiguity,enclaves or <br /> any other theory, the Owner agrees to assume all risk associated with the challenge. The Owner <br /> further agrees to indenunifv and hold harmless the City from all claims, suits and judgments in <br /> any way arising out of or relating to the annexation of the property. This indemnity and hold <br /> harmless shall extend to all costs, fees and expenses, including, but not limited to, reasonable <br /> attorneys' fees and expert witness fee's incurred by the City in the investigation or defense of <br /> any challenge to the annexation whatsoever, including but not limited to Chapter 164, Chapter <br /> 171 and any legal challenge filed in Court, including all levels of court and any attorneys' fees <br /> that the City may be ordered to pay pursuant to Section 17.1.0.`1 Florida Statutes (collectively a <br /> 'Third Party Claim"). Promptly after receipt of notice of the making or commencement by any <br /> third party of any claim, action, lawsuit, or proceeding as to which indemnification may be <br /> sought (a -ihird Party Claim"), the City shall notify Owner. Failure to do so shall not relieve <br /> Owner from any liability that it may have under this section unless Owner is prejudiced by the <br /> lack of such notice; provided that, in such case Owner shall not be responsible for that portion <br /> ot the liability caused by the prejudice resulting from the lack of notice. If any such Third Party <br /> Claim is brought against the City, Owner shall be entitled to participate and, to the extent they <br /> may elect by written notice delivered promptly to the City after receiving notice from the City, <br /> to assume the defense with counsel reasonably satisfactory to the City. glee parties agree to <br /> cooperate fully in connection with the defense, negotiation, or settlement of any such legal <br /> proceeding,claim,or demand The City shall have the right to t•inploy counsel in any such case, <br /> with counsel reasonably acceptable to the Owner, and the tees and expenses of this counsel <br /> Exhihii 2 To Ordinance No.0-19-114 <br /> ANNEXATION AGREEX 1 NT <br /> Page 9 of 13 <br />