The city shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by the grantee of its lines and appurtenances hereunder, and the acceptance of this franchise shall be deemed an agreement on the part of said grantee, its successors and assigns, to indemnify said city and to hold it harmless against any and all liability, loss, cost, damage or expense which may occur to said city by reason of the neglect, default or misconduct of the grantee in the construction, operation or maintenance of its lines and appurtenances hereunder. (1995 Code § 28-2-5)