(A) Limitation of liability. Upon the issuance of a public right-of-way permit, the city does not assume any liability for:
(1) Injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the city; or
(2) Claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment or facilities by registrants or permittees or activities of registrants or permittees.
(B) Indemnification. A registrant or permittee shall indemnify, keep and hold the city, its officials, employees, and agents free and harmless from any and all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair, or operation of its equipment and facilities, or out of any activity undertaken in or near a public right-of-way, whether or not any act or omission complaint of is authorized, allowed or prohibited by a public right-of-way permit. The foregoing does not indemnify the city for its own negligence except for claims arising out of or alleging the city's negligence in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition or purpose of a permit. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant, permittee or the city, and the registrant or permittee, in defending any action on behalf of the city, shall be entitled to assert in any action every defense or immunity that the city could assert on its own behalf.
(C) Consent. If the registrant or permittee is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permittee may not settle the litigation without the consent of the city. Such consent will not be unreasonably withheld.
(Ord. 715, passed 5-23-02)