707.11  INDEMNIFICATION.
   (a)   To the fullest extent permitted by law, grantee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the City, its officers, public officials, boards and commissions, agents and employees from and against any and all lawsuits, claims, (including without limitation worker's compensation claims against the City or others), causes of action, actions, liability, and judgements for injury or damages (including but not limited to expenses for reasonable legal fees and disbursements assumed by the City in connection therewith):
      (1)   To persons or property, in any way arising out of or through the acts or omissions of grantee, its subcontractors, agents or employees, to which grantee's negligence shall in any way contribute, and regardless of whether the City's negligence or the negligence of any other party shall have contributed to such claim, cause of action, judgement, injury, or damage, provided that grantee's liability shall be commensurately reduced by any contributory negligence.
      (2)   Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or any other right of any person, firm or corporation, but excluding claims arising out of or related to City programming.
      (3)   Arising out of grantee's failure to comply with the provisions of any federal, state, or local statute, ordinances or regulation applicable to grantee in its business hereunder.
 
   (b)   The forgoing indemnity is conditioned upon the following:
   The City shall give grantee prompt notice of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the City from cooperating with the grantee and participating in the defense of any litigation by its own counsel at its own costs and expense. No recovery by the  City of any sum by reason of the liquidated damages required by the franchise shall be subject to litigation by the grantee, except that any sum so received by the City shall be deducted from any recovery which the City might have against the grantee under the terms of this section.
(Ord. 50-07. Passed 11-19-07.)