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(a) Any applications for wireless telecommunication facilities that are proposed for City property pursuant to this ordinance, shall contain a provision with respect to indemnification. Such provision, to the extent permitted by this chapter, shall require the applicant to at all times defend, indemnify, protect, save, hold harmless and exempt the City and its officers, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at ordinance or in equity, which might arise out of, or are caused by the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages may be attributable to the negligent or intentional acts or omissions of the City, or its servants or agents. With respect to the penalties, damages, or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the City.
(b) Notwithstanding the requirements noted in division (a) of this section, an indemnification provision will not be required in those instances where the City itself applies for and secures a permit for wireless telecommunications facilities.
(Ord. 119-2004. Passed 6-21-04; Ord. 15-2017. Passed 2-21-17.)