(A) The applicant shall defend, indemnify and hold harmless the county and its officials, employees and agents from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney's fees (the liabilities together known as "liability") arising out of the applicant's selection, construction, operation and removal of the wind turbines and affiliated equipment including, without limitation, liability for property or personal injury (including death), whether the liability is premised on contract or on tort (including, without limitation, strict liability or negligence).
(B) This general indemnification shall not be construed as limiting or qualifying the county's other indemnification rights available under the law.
(C) All costs incurred by the county shall be paid by the applicant, owner or operator. Cost incurred under this provision shall include, but not be limited to, the cost of experts and/or attorneys that may be used at any stage of the project, including the application review, hearing process, consideration of the application by the county (including County Board or Zoning Board of Appeals), permitting, operations phase and/or decommissioning phase. In addition, costs of any appeal or litigation resulting from any project, application, action, permit, or work undertaken or performed by the county shall be paid by the applicant, owner or operator, including, but not limited to, the cost of experts and attorney's fees.
(Ord. passed 4-23-2009; Res. 2021-05, passed 1-21-2021)