(A) (1) Consistent with Kentucky law, each registrant shall defend, indemnify, and hold harmless the city, its elected and appointed officials, boards, members, agents, and employees against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses, including reasonable attorney's fees, arising from liability or claims of liability for bodily injury or death to persons or property damage in which the claim arises out of the installation, construction, repair, maintenance, or operation of its facilities, and in the event of a final judgment being obtained against the city either independently or jointly with the registrant, the registrant shall pay such judgment with all costs and hold the city harmless thereon.
(2) Within ten (10) business days of learning of any claim, suit, cause of action, proceeding judgement for damages or equitable relief that might trigger the indemnification obligation, the city shall notify the registrant of the existence of the claim, suit, cause of action, proceeding or judgment in writing and shall provide all information known to the city regarding same. Registrant shall defend against the claim, suit, cause of action, proceeding or judgment on behalf of the city and may select the counsel to represent the city in such an action or proceeding. The city shall not agree to any settlement or compromise for which an indemnification obligation applies unless the registrant consents to the settlement or compromise.
(B) This section shall not apply to registrants which are political subdivisions of the Commonwealth of Kentucky, municipal corporations, special districts, or special purpose governmental entities.
(Ord. 2018-11-01, passed 12-13-18)