(A) Avilla shall not be liable for any interruption of service or damages to customer’s property caused by customer’s defective wiring, inadequate grounding or customer’s appliances, devices or equipment located on customer’s premises. Furthermore, to the extent permitted by law, customer, for itself and its contractors and subcontractors, hereby releases Avilla, its affiliates, and their respective employees and agents (collectively, “Indemnities”), from any and all liability for loss of or damage to the facilities or services of customer or and for any interruption to, or failure of, the supply of electric service rendered by Avilla. Customer further hereby agrees to indemnify, hold harmless, and defend indemnities from and against any and all losses, liabilities, costs, expenses, suits, actions, claims and all other obligations and proceedings whatsoever, including, without limitation, all judgments rendered against, and all fines and penalties imposed upon indemnities, and any reasonable attorneys’ fees and any other costs of litigation (hereinafter collectively referred to as “liabilities”) arising, directly or indirectly, out of the interruption or loss of electric service to customer, or out of injuries to persons, including disease or death, or damage to property, or in any other way attributable to or arising either directly or indirectly out of, the attachment, installation, operation, presence, use, maintenance, or removal of Avilla’s facilities, except that licensee’s obligation to indemnify indemnities shall not apply to any liabilities to the extent arising from indemnities’ sole negligence or willful misconduct. Indemnities shall be free to select counsel of their choice for their defense hereunder.
(B) Where applicable, the conditions of this chapter shall apply, in whole or in part, to a developer and/or developer’s project.
(Ord. 1406-6-02, passed 6-18-2002)