A. Each Service Area licensee shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits or licenses, or the operation of the Utility’s facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City’s negligence as to the issuance of licenses or permits for, or inspection of, the Utility’s plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Utility, and such performance is nevertheless ordered or directed by the City after notice of Utility’s determination.
B. In the event a suit is brought against the City under circumstances where this license condition applies, the Utility, at its sole cost and expense, shall defend the City in such suit if written notice thereof is promptly given to the Utility within a period wherein the Utility is not prejudiced by lack of such notice. If the Utility is required to indemnify and defend, it will thereafter have control of such litigation, but the Utility may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Utility, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert on its own behalf.
[§ 18-401 amended by Ord. No. 07-02, effective March 1, 2007.]