A. The franchisee shall indemnify to the fullest extent permitted by law, and defend and hold the city, and its Council members, employees, remediation consultants, environmental consultants, contractors, agents and attorneys free and harmless from and against all claims arising from or in any way related to the franchise or activities conducted by or on behalf of franchisee. This indemnification obligation shall include payment by franchisee of any and all attorneys’ fees and experts’ costs incurred by any of the foregoing indemnitees.
B. The city and the other parties indemnified herein shall have the right to approve the attorneys selected by franchisee to represent them. In the event franchisee does not provide attorneys acceptable to the indemnified parties, the indemnified parties may select attorneys of their choice, so long as the attorney’s rates do not exceed the greater of the rates the indemnified parties pay for other legal services, or the amounts the franchisee pays for its legal services in the matter.
C. The indemnity provided herein shall survive the expiration or other termination of the franchise.
(Ord. 1152, passed 5-17-11)