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No indemnification under MCC 2.25.050 shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the city except that such person may apply to the court in which such proceeding was brought and request a determination that such person is fairly and reasonably entitled to indemnity for such expenses when such court shall deem proper. The court in which any such proceeding was brought may determine upon application that, in view of all circumstances of the case, indemnity for amounts paid in settlement is proper and may order indemnity for the amounts so paid in settlement and for the expenses, including attorney’s fees, actually and reasonably paid in connection with such application, to the extent the court deems proper. [Code 2004 § 2-116.]