(A) The applicant and wireless provider shall defend, indemnify and hold harmless the municipality, its agents, officers, officials and employees from any and all damages, liabilities, injuries, losses, attorneys’ fees, costs and expenses, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the applicant or wireless provider. In the event the municipality becomes aware of any actions or claims, the municipality shall promptly notify the applicant and wireless provider and reasonably cooperate in the defense.
(B) It is expressly agreed that the municipality shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the municipality’s defense, and the applicant and the wireless provider, as applicable, shall reimburse the municipality for any costs, expenses and attorneys’ fees directly and necessarily incurred by the municipality in the course of the defense.
(Ord. 909, passed 9-3-2019)