Franchisee shall indemnify, protect, defend, and hold harmless the city, its officers, officials, employees, and agents against any and all claims, demands, losses, costs, expenses, penalties, damages, or liability of any kind or nature, including but not limited to injury, death of persons, damage to property, the release of any hazardous substance into the environment and any attorney fees, arising directly or indirectly out of franchisee's exercise or enjoyment of its franchise, or any other acts or omissions by franchisee, its officers, employees, or agents, excepting only liability arising out of the sole negligence of the city. Further, franchisee shall agree, and shall so state in the franchise agreement, to indemnify, protect, defend, and hold harmless the city, its officers, officials, employees, and agents against any and all claims, demands, losses, costs, expenses, penalties, damages, or liability of any kind or nature resulting from, or arising with respect to, the award of the franchise, including but not limited to the procedure for accepting and reviewing proposals and the decision of award, negligent or otherwise, including but not limited to a claim of bad faith. This indemnification provision is intended to include an indemnification under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9600, et seq.
(Ord. 4387, passed 1-24-00)