The company shall indemnify, defend, and hold the city harmless from and against all liability, damages, cost, and expense, including reasonable attorney's fees, arising from injury to person or property proximately caused by the negligent act or omission of company. The city shall promptly notify the company of any claims, demands, or actions (“claims”) covered by this indemnity after which the company shall defend the claims. The company shall have the right to defend and compromise the claims. The city shall cooperate in the defense of the claims. The foregoing indemnity obligations shall not apply to claims arising solely from the negligence of the city; however, they shall apply in the case of all claims which arise from the joint negligence of the company and the city, provided that in such cases, the amount of the claims for which the city shall be entitled to indemnification shall be limited to that portion attributable to the negligence of the company.
(Ord. 23, passed 1-21-1999)