The company shall construct and maintain its structures in accordance with the best standard practice and shall, in accepting a permit to do any work in, under or over the streets or public grounds, agree to defend, indemnify and save harmless the city and its officers and agents from all claims, demands, payments, suits, actions, recoveries and judgments, of every description, whether or not well founded in law, brought or recovered against it, by reason of any act or omission of such company, its agents or employees, in the execution of the work or in consequence of any negligence or carelessness in guarding the same, or by reason of insufficient protection by the company, and a sum sufficient to cover any such claims may be retained by the city from any moneys due or to become due to the company until such claims have been discharged to the satisfaction of the city. Settlement of pavement, walks, curb lawns or structures over or adjacent to completed work will, unless satisfactory contrary evidence is presented, be regarded as due to such work and the company responsible shall pay the cost of any repairs or replacements that may be necessary. The city may order such maintenance as is deemed necessary and proper in the interest of public safety and in accordance with the terms under which structures have been erected, and upon the failure of such company to comply with such order may cause such work to be done at the expense of such company.
(Ord. 2653, passed 9-22-1931)