(A) Grantee shall fully indemnify, defend and hold harmless the city, is officers, boards, commissions, elected officials, agents, attorneys, representatives, servants and employees against any and all costs, damages, expenses, claims, suits, actions, liabilities, and judgments for damages, including but not limited to, expenses for legal fees, whether suit be brought or not, and disbursements and liabilities incurred or assumed by the city in connection with:
(1) Damage to persons or property, in any way arising out of or through the acts or omissions of grantee, its servants, officials, agents, attorneys, representatives or employees or to which grantee's negligence or that of their servants, agents, officials, attorneys, representatives or employees shall in any way contribute;
(2) Requests for relief arising out of any grantee action or inaction which results in a claim of invasion of the right of privacy; for defamation of any person, firm or corporation; for the violation or infringement of any copyright, trademark, trade name, service mark or patent; unfair competition or of any other right of any person, firm, or corporation;
(3) Any and all claims arising out of grantee's failure to comply with the provisions of this chapter or a franchise or any federal, state or local law, ordinance or regulation applicable to grantee, the cable system or cable services.
Grantee wild not be required to indemnify the city from claims, demands, actions, suits, liabilities and judgments arising out of the sole acts or omissions of the city.
(B) Grantee shall at its sole cost defend the city against any suit brought or threatened against the city in connection with the above matters. Grantee shall pay all such defense costs that accrue or are incurred after the city provides notice to grantee of such suit. Such costs include, but are not limited to, attorneys fees and the reasonable value of services rendered by the city of any of its employees, officials, attorneys, servants, agents or representatives.
(C) The city shall indemnify, and hold harmless grantee, its affiliates and their respective officers, directors, employees and shareholders from and against any and all damages, penalties, judgments and liability of any kind, and defend all claims, actions or causes of action arising as a result of the city's use of PEG channels. This indemnity shall not apply with respect to any programming provided by grantee and carried on such access channels.
(Ord. 4315, passed 11-12-96)