(a) City Does Not Accept Liability. By reason of the acceptance of an application or the grant of a permit, the City does not assume any liability:
(1) For injuries to persons, damage to property, or loss of service claims; or
(2) For claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of facilities.
(b) Indemnification.
(1) Each permit holder shall indemnify, protect and hold harmless the City from any claim, loss or damage arising in any way from the permit holder's occupation or use of the right-of-way including but not limited to the construction, operation or maintenance of the permit holder's facilities, and from any permit holder's negligent or wrongful act or omission excluding, however, claims arising from the City's negligence, omission or willful misconduct.
(2) The foregoing indemnification is conditioned upon the City:
A. Giving provider or permittee reasonable notice of any claim or the commencement of any action, suit or proceeding for which indemnification is sought;
B. Affording the provider or permittee the opportunity to participate in any compromise, settlement, or other resolution or disposition of any claim or proceeding subject to indemnification; and
C. Cooperating in the defense of such claim and making available to the provider or permittee all pertinent information under the City's control.
(3) The City shall have the right to employ separate counsel in any such action or proceeding and to participate in the investigation and defense thereof, and the provider or permittee shall pay all reasonable fees and expense of such separate counsel if employed.
(Ord. 12-03. Passed 5-19-03.)