In addition to, and distinct from, the insurance requirements of this subchapter, each applicant hereby agrees to defend, indemnify, and hold harmless the city and its officers, officials, boards, commissions, employees, agents, and representatives from and against any and all damages, losses, claims, and expenses including reasonable attorney fees and costs of suit or defense arising out of, resulting from, or alleged to arise out of or result from the acts, omissions, failure to act, or misconduct of the applicant or its affiliates in the construction, installation, operation, maintenance, repair, removal, or replacement of the SCF. This shall not require the applicant to indemnify or hold harmless the city for any losses, claims, damages, and expenses arising out of or resulting from the negligence or willful misconduct of the city.
(Ord. 591, passed 10-21-2019)