The city shall not be liable for any consequential damages or losses resulting from any damage to or loss of any facility as a result of or in connection with any work by or for the city unless the damage or loss is the direct and proximate result of willful, intentionally tortuous, negligent or malicious acts or omissions by the city, its employees, or agents. In such case, the city shall indemnify and hold harmless the grantee against any and all claims, damages, costs and expenses, including attorney’s fees and costs, arising from, subject to any applicable limitations in the Oregon Constitution and the Oregon Tort Claims Act. The obligations imposed by this section are intended to survive termination of this franchise.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)