The provider shall indemnify and save harmless the City and all contractors, officers, employees and representatives thereof from all claims, demands, causes of action, copyright action, liability, judgments, costs and expenses or losses for injury or death to persons or damage to property owned by, and worker's compensation claims against any parties indemnified herein, arising out of, caused by, or as a result of the provider's construction, lines, cable, erection, maintenance, use or presence of, or removal of any poles, wires, conduit, appurtenances thereto, or equipment or attachments thereto. The provider, however, shall not indemnify: (1) the City for any liabilities, damages, cost and expense resulting from the willful misconduct or negligence of the City, its officers, employees and agents; or (2) third parties for any activity or function conducted in connection with any access channel or any emergency messages under Section 711.09(c).
(Ord. 2007-50. Passed 5-7-07.)