Every person subject to this chapter shall defend, indemnify and hold harmless the city, its elected officials, officers, employees and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental body or agency arising out of or incident to any acts, omissions, negligence or willful misconduct of licensee, its personnel, employees, agents or subcontractors in connection with the performance of a right-of-way agreement or the use of any public right-of-way. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine or injury to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of the city as determined by a court or administrative body of competent jurisdiction.
(`78 Code, § 12.32.200.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)