1. The City does not, because of the acceptance of a registration required by this chapter or the grant of a right-of-way permit, assume any liability for:
A. Bodily or other injuries to any individual or person, for damage to property, including loss of use thereof, or for loss of service claims;
B. Claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants; or
C. Damage to the registrant’s or permittee’s equipment, or for damage to the equipment of another registrant or permittee.
2. A registrant, by registering with the department, and a permittee, by accepting a permit under this chapter, shall be required, and shall be deemed to have agreed, to release the City from all claims and to defend, indemnify, and hold the City harmless from all outlay and expense and from claims and suits for damages of any kind, arising out of the construction, presence, installation, maintenance, repair or operation of its equipment in the right-of-way or out of any activity undertaken by it in or near a right-of-way, whether or not any act or omission complained of is authorized, allowed, or prohibited by a right-of-way permit. Each registrant or permittee shall further be required to agree and shall be deemed to have agreed that it will not bring or cause to be brought any action, suit or other proceeding claiming damages or seeking any other relief against the City on any claim, nor shall it bring or cause to be brought any action, suit or other proceeding for any award arising out of the presence, installation, maintenance or operation of its equipment or any activity undertaken by it in or near a right-of-way, whether or not the act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to a registrant, to a permittee, or to the City; and the registrant or permittee, 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 in its own behalf.