(A) By registering with the county, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the county in accordance with the provisions of Minn. Rules Part 7819.1250.
(B) Indemnification.
(1) To the fullest extent permitted by law, a registrant or permittee shall defend, indemnify, keep, and hold the county, its officials, employees, and agents, free and harmless from any and all costs, specifically including attorney fees and other costs of defense, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair, or operation of its equipment and facilities, or out of any activity undertaken in or near a public right-of- way, whether or not any act or omission complaint of is authorized, allowed, or prohibited by a public right-of-way permit.
(2) The foregoing does not indemnify the county for its own negligence or other wrongful act or omission except for claims arising out of or alleging the county's negligence in issuing the permit or failing to properly or adequately inspect or enforce compliance with a term, condition, or purpose of a permit.
(3) All permits are granted subject to ownership rights the county may have in the property involved and to the extent that state, federal, local laws, rules, and regulations allow, and said permit is subject to all such laws and rules.
(C) Limitation of liability. By registering with the county, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the county for any liability for:
(1) Bodily injury or death of persons, for property damage, or loss of service claims by parties other than registrant or the county; or
(2) Claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment or facilities by registrants or permittees, or activities of registrants or permittees.
(D) This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant, permittee, or the county, and the registrant or permittee, in defending any action on behalf of the county, shall be entitled to assert in any action every defense or immunity that the county could assert in its own behalf. In defending the county, any registrant or permittee shall obtain the consent of the County Board before any settlement shall be enforced.
(Ord. 91-2019, passed 2-5-19)