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(A) Each grantee shall, at its sole expense, fully indemnify, defend, and hold harmless the city government, and in their capacity as such, the officers, agents, and employees thereof, from and against any and all claims, suits, actions, liability, and judgments for damages, expenses, or other financial responsibilities:
(1) For actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physical damaged or destroyed, in any way arising out of or through or alleged to rise out of or through the acts or omissions of the grantee or its officers, agents, employees, or contractors or to which the grantee's or its officers, agents, employees, or contractors acts or omissions in any way contribute;
(2) Arising out of or alleged to arise out of any claim for damages for invasion of the right of privacy, defamation of any person, firm, or corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark or patent, or of any other right of any person, firm, or corporation; and
(3) Arising out of or alleged to arise out of the grantee's failure to comply with the provisions of any statute, regulation, or chapter of the United States, the state, or the city applicable to the grantee in its business.
(B) Nothing herein shall be deemed to prevent the parties: indemnified and held harmless herein from participating in the defense of any litigation by their own counsel as the grantee's sole expense. Such participation shall not under any circumstances relieve the grantee from its duty of defense against liability or of paying any judgment entered against such party.
(1980 Code, § 118.051) (Ord. 1996-4, passed 4-9-1996)