(A) Liability. The district does not accept liability by reason of the acceptance of a registration or the grant of a right-of-way permit, and the district does not assume any liability:
(1) For injuries to persons, damage to property or loss of service claims by parties other than the registrant or the district; or
(2) For claims or penalties of any sort resulting from the installation, presence, maintenance or operation of facilities by registrants or activities of registrants.
(B) Registrant or permittee indemnifies district.
(1) By registering with the district, a registrant agrees or by accepting a permit, a permittee is required to defend, indemnify and hold the district whole and harmless from all costs, liabilities and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its facilities or out of any activity undertaken in or near a right-of-way, whether any act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. It further agrees it will not bring, or cause to be brought, any action, suit or other proceeding damages, or seeking any other relief against the district for any claim nor for any award arising out the presence, installation, maintenance or operation of its facilities, or any activity undertaken in or near a right-of-way, whether the act or omission complained of is authorized, allowed or prohibited by a right-of-way permit.
(2) The foregoing does not indemnify the district for its own negligence except for claims arising out of or alleging the district’s negligence where such negligence arises outdoors and is primarily related to the presence, installation, construction, operation, maintenance or repair of said facilities by the registrant or on the registrant’s behalf, included, by not limited to, the issuance of permits and inspections of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the district; and the registrant, in defending any action on behalf of the district, shall be entitled to assert in any action every defense or immunity that the district could assert in its own behalf.
(Prior Code, § 5-31)