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American 11e0 iCal national, inc., and <br />Amisub of No,, ~rolina, Inc. <br />Two ' <br />July 25, 1980 BOOR. 9 iAOE 761 <br />the defense. If counsel chosen by mi and ANC in <br />connection with the defense is not reasonably <br />satisfactory to Lee County, Lee County shall be' <br />entitled to be represented, at the expense of AMI and <br />ANC, by counsel of its own choosing, provided that (a) <br />Lee County shall have given AMI and ANC. notice of its <br />dissatisfaction with the choice of counsel of AIMI and <br />ANC promptly after receiving notice thereof and (b) <br />A^iI has concurred in Lee County's choice of counsel, <br />such concurrence not to be unreasonably withheld. <br />(3) Lee County shall not enter into any <br />settlement agreement with respect to the amount of the <br />aforesaid balance (or stipulation to such effect) <br />unless and until AA1I or ANC have concurred therein or <br />become parties thereto. <br />(4) AMI and ANC shall defend and indemnify Lee <br />County and hold it wholly harmless from'iand against <br />anv and all losses, liabilities, damages, costs <br />(including, without limitation, court costs) and <br />expenses (including, without limitation', reasonable <br />attorneys' fees) which Lee County may incur as a <br />result of the failure of AMI and ANC tolperform their <br />obligations hereunder. Lee County shall defend and <br />idemnify ^11I and ANC and hold them wholly harmless <br />from and against any and all losses, liabilities, <br />damages, costs (including, without limitation, court <br />costs) and expenses (including, without Ilimitation, <br />reasonable attorneys' fees) which AMI or ANC may incur <br />as a result of the failure of Lee County to perform <br />its obligations hereunder. I <br />If the foregoing is agreeable to you, <br />return to Lee County a copy of this letter. <br />very truly yours, <br />LEE COUNTY, NOR <br />ai/rf-nan of the Boara o <br />sslo.n.ers <br />This letter is issued subject to the ratification alnd approval by the <br />Board of Commissioners for Lee County at a subsequent meeting, re.aular or <br />special, of said Board. <br />This the 25th day of July, 1980. <br />ase sign and <br />5. Y:armon, Chairman <br />