(A) The grantee shall, at its sole cost and expense, indemnify, and hold harmless the city, its officers, councils and commissions, and city employees against any and all claims, suits, actions, liability and judgements for damages due to the actions of the grantee, its employees, officers or agents arising out of the construction, maintenance, operations and/or removal of the cable system under this renewal franchise, including, but not limited to, damage to person or property, both real and personal. Indemnified expenses shall include without limitation, all out-of-pocket expenses, such as attorney's fees.
(B) The foregoing indemnity is conditioned upon the following:
The city shall give grantee prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the city from cooperating with grantee and participating in the defense of any litigation by its own counsel at its sole cost and expense, as needed to ensure compliance with this chapter or the franchise. No recovery by the city of any sum by reason of the liquidated damages required by this chapter shall be subject to litigation by the Company, except that any sum so received by the city shall be deducted from any recovery which the city might have against the Company under the terms of this section.
(Ord. 99-38, passed 7-6-99)