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venture conducting business within the corporate limits of the City, except <br />for stock ownership in any company whose capital stock is publicly held <br />and regularly traded, without prior written consent of the City Council. For <br />and during the term of this Agreement, Manager further agrees, except for <br />a personal residence used as his personal residence, not to invest in any <br />other real estate or property improvements within the corporate limits of <br />the City without the prior written consent of the City Council. <br />12. INDEMNIFICATION. <br /> The City shall defend, hold harmless and indemnify Manager against any tort, <br />civil rights, personnel, discrimination, professional liability claim or demand or other <br />legal action, whether groundless or otherwise, arising out of an alleged act or omission <br />occurring in the performance of Manager's duties in accordance with the provisions of <br />California Government Code section 825. The City shall provide a defense in <br />accordance with California Government Code section 995. The City may decline to <br />defend and/or indemnify Manager only as permitted by the California Government <br />Code. The City may compromise and settle any such claim or suit and pay the amount <br />of any settlement or judgment therefrom. <br />13. NON-LIABILITY OF OFFICIALS AND EMPLOYEES. <br />No official, employee, attorney, or agent of City shall be personally liable for any <br />term, condition, breach, default, or liability under this Agreement. <br />14. WAIVER. <br />The waiver by either party of any term or condition of this Agreement or any <br />breach of this Agreement shall not constitute a continuing waiver or a waiver of any <br />269