The franchisee agrees to indemnify, save and hold harmless, and defend the franchising authority, its officers, boards and employees, from and against any liability for damages and for any liability or claims resulting from property damage or bodily injury (including accidental death), which arise out of the franchisee’s construction, operation or maintenance of its cable system, including, but not limited to, reasonable attorney fees and costs; provided that the franchising authority shall give the franchisee written notice of its obligation to indemnify the franchising authority within 20 days of receipt of a claim or action pursuant to this section. If the franchising authority determines that it is necessary for it to employ separate counsel, the costs for separate counsel shall be the responsibility of the franchising authority.
(Prior Code, § 36-2-2-23) (Ord. 04-61, passed 2-2-2004, 2004 COM REC 61–71)