Each franchise agreement shall include, unless prohibited by law, the franchisee’s express promise to defend, indemnify, and hold the city and its officers, employees, agents, and representatives harmless from and against any and all damages, losses, and expenses, including reasonable attorney’s fees and costs of suit or defense, arising out of, relating to, resulting from, or alleged to arise out of, relate to, or result from the negligent, careless, or wrongful acts, omissions, failures to act, or misconduct of the franchisee or its affiliates, officers, employees, agents, contractors, or subcontractors in the construction, operation, maintenance, repair, or removal of its facilities, or related to the communication provider’s provision of services over the facilities, whether or not such acts or omissions are authorized, allowed, or prohibited by this chapter or by a franchise agreement.
(Ord. 557-2019, passed 12-9-2020)