(a) Definition. In this section, "claims" means all actions, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, suits, fees, attorneys' fees, and costs.
(b) Requirement. An owner and permittee and their successors and assigns shall indemnify, defend, protect, and hold harmless the County, including its officers, agents, and employees, from and against:
(1) all claims allegedly arising directly or indirectly from any act, omission, or negligence of the owner, the permittee, their subcontractors, or the officers, agents, or employees of any of them, relating to the permit or the activity authorized by the permit; and
(2) all damage to County property, including damage to County roads, rights-of-way, and public works, arising directly or indirectly from any act, omission, or negligence of the owner, the permittee, their subcontractors, or the officers, agents, or employees of any of them, relating to the permit or the activity authorized by the permit, except that this subsection does not apply to gradual degradation or ordinary wear and tear of roads or rights-of-way.
(c) Duty to defend. Each owner and permittee has an immediate and independent obligation to defend the County from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent.
(d) County cause of action. The County has a cause of action for indemnity against each owner and permittee for any costs the County may incur as a result of defending or satisfying any claims that arise from or in connection with the permit, except for claims resulting directly from the negligence or wilful misconduct of the County.
(e) Obligations survive permit. The indemnification obligations assumed under the permit survive expiration of the permit and completion of the activity authorized by the permit.
(1985 Code, Art. 25, § 25-3-209) (Bill No. 15-02; Bill No. 63-04; Bill No. 53-06)