By registering with the Planner, or by accepting a permit granted under this chapter, a registrant or permit holder agrees as follows:
(A) Limitation of liability. By reason of the acceptance of a registration or the grant of a right-of-way permit, the city does not assume any liability:
(1) For injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the city; or
(2) For claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment or facilities by registrants or permit holders, or activities of registrants or permit holders.
(B) Indemnification.
(1) A registrant or permit holder shall indemnify, keep, and hold the city, 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 his or her equipment and facilities, 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 right-of-way permit. The foregoing does not indemnify the city for its own negligence except for claims arising out of, or alleging, the city’s 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 registrant, permit holder, or the city, and the registrant or permit holder, in defending any action on behalf of the city, shall be entitled to assert in any action every defense or immunity that the city could assert on its own behalf.
(2) If the registrant or permit holder is required to indemnify and defend, he or she shall thereafter have control of the litigation, but the registrant or permit holder may not settle the litigation without the consent of the city. The consent will not be unreasonably withheld.
(Ord. 277, passed 11-13-2017)