(A) The company is authorized, licensed and empowered to do any and all things necessary and proper to be done and performed in executing the powers and utilizing the privileges herein mentioned and granted by this franchise, provided the same do not conflict with water pipes, sewers or other authorized preexisting installations, and provided that all work done in the streets, avenues, alleys, ease-ments, rights-of-way, highways, sidewalks, bridges, or other public places or grounds of the municipality by the company shall be done with the utmost diligence and without unnecessary inconvenience to the public or individuals or other authorized users of the streets, avenues, easements, rights-of-way, alleys, highways, sidewalks, bridges, structures and other public places and grounds of the municipality, and the company shall, within a reasonable time, restore all places excavated by it to those conditions required under applicable provisions of street excavation ordinances, now in effect and as amended front time to time.
(B) The company agrees to defend, indemnify and save harmless the municipality, its City Council and its officers, agents and employees, from and against any and all loss of or damage to property, or injuries to, or death of, any person or persons, including property and officers, employees and agents of the municipality from any and all claims, damages, suits, costs, expense, liability, actions or proceedings of any kind or nature whatsoever, of or by anyone whomsoever, solely caused by the negligent acts and omissions or wrongful conduct of officers, employees, agents, contractors, and subcontractors of the company. The company need not defend, save harm-less or indemnify the municipality against damage to or loss of property, or injury to or death of persons, caused by the sole negligence or wrongful conduct of the municipality, its City Council and its officers, employees, contractors and agents. The municipality will give prompt notice to the company or any claim or suit, and the company will have the right to compromise the same to the extent of its own interest.
(Ord. 17-1973)