By registering with the or by accepting a permit granted under this Article IV, a or agrees as follows:
(a) Limitation of liability. By reason of the acceptance of a registration or the grant of a , the does not assume any liability: (i) for injuries to , damage to property or loss of service claims by parties other than the or the ; or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance or operation of or by or or activities of or .
(b) Indemnification. A or shall indemnify, keep and hold the , 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 and , or out of any activity undertaken in or near a right-of-way, whether or not any act or omission complained of is authorized, allowed or prohibited by a . The foregoing does not indemnify the for its own negligence except for claims arising out of or alleging the 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 , or the and the or , in defending any action on behalf of the , shall be entitled to assert in any action every defense or immunity that the could assert on its own behalf.
If the or is required to indemnify and defend, it shall thereafter have control of the litigation, but the or may not settle the litigation without the consent of the . Such consent will not be unreasonably withheld.
(Ord. 98-54, passed 11-16-1998)