Each Certificate of Registration issued under this Chapter shall be under the conditions and contain provisions whereby providers agree to defend, indemnify and hold City and its agents, officers, elected officials, employees, volunteers, and contractors harmless from and against all damages, costs, losses, or expenses: (i) for the repair, replacement, or restoration of City's property, equipment, materials, structures and facilities which are damaged, destroyed, or found to be defective as a result of such provider's acts or omissions; and (ii) from and against any and all claims, demands, suits, causes of action, and judgments for: (a) damage to or loss of the property of any person (including, but not limited to such provider, its agents, officers, employees and subcontractors, City's agents, officers, elected officials, employees, volunteers, contractors and third parties); and/or (b) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of such provider, provider' s subcontractors, the City, and third parties), arising out of, incident to, concerning or resulting from the act or omissions of such provider, its agents, employees, and/or subcontractors, in the performance of activities pursuant to such Certificate of Registration, no matter how, or to whom, such loss may occur. In any event, all persons using or occupying the rights-of-way agree to defend, indemnify, and hold the City harmless as set forth above as a condition of their use or occupancy of the rights-of-way.
(Ord. C64-00. Passed 8-21-00.)