(A) To the extent permitted by law, the operator shall at all times defend, indemnify, protect, save harmless, and exempt the city, Mayor and City Council members, their officers, and employees from any, and all, penalty, damage, or charges arising out of claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might be claimed now or in the future, which may arise out of, or be caused by, the construction, erection, location, products performance, operation, maintenance, repair, installation, replacement, removal or restoration of the system within the city by a negligent act or omission of the operator, its agents or employees, contractors, subcontractors, independent contractors, or implied or authorized representatives. With respect to the penalties, damages or charges referenced herein, attorneys' fees are included as those costs which may be recovered by the city.
(B) The city, Mayor, and City Council specifically reserve the right to retain counsel of their own choice, at their own expense.
(C) If the operator obtains counsel for the city, the Mayor, or the City Councilpersons, then any one of them shall have the right to approve counsel, provided, however, that the city shall not unreasonably withhold their approval of counsel.
(D) With respect to the operator's own defense of such actions noted in this section, it is understood that such operator reserves the right to select and retain, without the city's approval, counsel of the operator's choice, at the operator's own expense.
(Ord. O-19-08, passed 11-11-08)