951.11 INDEMNITY.

   (a)   Indemnity Required. Each Certificate of Registration issued pursuant to this chapter shall contain provisions whereby Providers agree to protect, defend, indemnify and hold the City and its agents, officers, elected officials, employees, volunteers, and subcontractors harmless from and against all damages, costs, losses or expenses:

        (1)   For the repair, replacement, or restoration of City property, equipment, materials, structures and Facilities which are damaged, destroyed or found to be defective as a result of such Provider's acts or omissions; and

      (2)   From and against all claims, demands, suits, causes of action, and judgments:

         A.   For damage to or loss of the property of any Person, and/or the death, bodily injury, illness, disease, workers' compensation, loss of services, or loss of income or wages to any Person;

         B.   Arising out of, incident to, concerning or resulting from the act or omissions of such Provider, its agents, employees, and/or subcontractors, in the performance of activities pursuant to such Certificate of Registration, no matter how, or to whom, such loss may occur.

      (3)   Any Operator who owns or operates Small Cell Facilities or Wireless Support Structures in the Rights-of-Way shall indemnify, protect, defend, and hold the City and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the Operator who owns or operates Small Cell Facilities and/or Wireless Service in the Right-of-Way, and any agent, officer, director, representative, employee, affiliate, or subcontractor of the Operator, or their respective officers, agents, employees, directors or representatives while installing, repairing, or maintaining facilities in the Right-of-Way.

      (4)   In any event, all Persons using or occupying the Rights-of-Way shall defend, indemnify and hold harmless the City as set forth above as a condition of their use and occupancy of the Rights-of-Way.

         (Ord. 30-2019. Passed 4-22-19.)