(a) Indemnity of the . shall indemnify and hold the , its elected officials, employees and agents, harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the located in the public ways and public grounds. The shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the negligence as to the issuance of permits for, or inspection of, plans or work.
(b) Defense of the . In the event a suit is brought against the under circumstances where this agreement to indemnify applies, at its sole cost and expense shall defend the in such suit if written thereof is promptly given to within a period wherein is not prejudiced by lack of such . If is required to indemnify and defend, it will thereafter have control of such litigation, but may not settle such litigation without the consent of the , which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the ; and , in defending any action on behalf of the shall be entitled to assert in any action every defense or immunity that the could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the of any of its defenses of immunity or limitations on liability under M.S. Chapter 466, as it may be amended from time to time.
(Ord. 88-9, passed 2-22-1988; Ord. 2015-42, passed 12-21-2015)