(A) The grantee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the county, its officers, boards and commissions and county employees against any and all claims, suits, actions, liability and judgments for damages, including, but not limited to costs and expenses for reasonable legal fees and disbursements and liabilities assumed by the county in connection therewith:
(1) To persons or property, in any way arising out of or through the acts or omissions of grantee, its servants, agents or employees, or to which grantee's negligence shall in any way contribute unless caused solely by negligence or other fault of the county, its agents, servants or employees or any other person indemnified hereunder;
(2) Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name; service mark or patent, or of any other right of any person, firm or corporation, excluding claims arising out of or relating to county programming such as public, education or government access; and
(3) Arising out of grantee's failure to comply with the provisions of any federal, state or local statute, ordinances or regulations applicable to grantee in its business hereunder.
(B) The foregoing indemnity is conditioned upon the following. The county shall give the grantee reasonable notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the county from cooperating with the grantee and participating in the defense of any litigation by its own counsel at its sole cost and expense. No recovery by the county of any sum by reason of the liquidated damages required by this chapter shall be subject to litigation by the company, except that any sum so received by the county shall be deducted from any recovery which the county might have against the company under the terms of this section.
(Ord. passed 10-19-98)