(A) The qualifying facility shall:
(1) Indemnify the municipal electric utility, its agents and employees against loss, damage, expense and all liability resulting from injury or death of any person or persons including, but not limited to, municipal employees or customer, or damage to property, including, but not limited to, property of the city or customer, resulting from arising out of or in any way connected with the installation, inspection, maintenance, testing and use of the generator and, on the municipal utility’s request defend any suit asserting a claim covered by this indemnity; and
(2) Reimburse the municipal electric system for all loss, expenses, including reasonable attorney’s fees, incurred in consequence with any claim, demands or cause of action which may be made or brought against the municipal electric utility arising out of or in any way connected with the use of the equipment. The obligation of the qualifying facility under this section, accrued or not, then known or unknown, shall be continuing as to any act, occurrence or omission occurring prior to or following the termination of this subchapter.
(B) The municipal electric system’s approval of the customer’s use of the equipment shall not be construed as confirming or endorsing the design or effectiveness of the equipment or the qualifying facility’s plan for use of the equipment for actual reducing demand or energy usage, or as any warranty of the safety, durability or reliability of the equipment.
(1986 Code, § 8.10.110) (Ord. 1197, passed 3-9-1982)