By using, occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, settlements, awards, damages, losses and expenses, including without limitation reasonable attorney’s fees, expert and witness fees and costs of suit or defense, arising out of, resulting from, or caused or contributed to by, or alleged to arise out of, result from, or alleged to have been caused or contributed by, the utility’s use of, or presence on, the right of way and/or negligent, careless or wrongful acts, omissions, failures to act, or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors which are related to the right-of-way, including without limitation the location, design, construction or maintenance of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a franchise, license or similar agreement, provided, however, that the utility’s indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this chapter by the village, its officials, officers, employees, agents or representatives.
(Ord. 2479, passed 6-16-08)