(A) Damages.
(1) The company shall exercise special precaution to avoid damage to facilities of the city and of any third party supported on the poles; and hereby assumes all responsibility for and agrees to indemnify the city from and against any and all loss or damage, or claims therefor, resulting from the attachment to such poles of the company's facilities and from any and all acts or omissions of the company in connection therewith except when the city or any third party is negligent which results in damage to the company's facilities. The company agrees to pay the cost incurred in making repairs to such facilities of the city or others. The city or others will pay to the company all costs incurred in making repairs to the company's facilities when the city or third parties are negligent when damage occurs to the company's facilities.
(2) Any damage caused to the property of building owners or users, or any other person by the franchisee's negligence shall be repaired fully by the franchisee at the franchisee's sole expense.
(B) Safety requirements. The franchisee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devises for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.
(C) No recourse against city. The franchisee shall have no recourse whatsoever against the authority or the city or their officers, boards, commissions, agents, or employees acting in their official capacity for any loss, cost, expense, or damage arising out of any provisions or requirements of this franchise or because of its enforcement.
(Ord. 2-1976, passed 8-2-76; Am. Ord. 3-1993, passed 4-19-93)