§ 57.12  INDEMNITY.
   As provided in Tex. Local Gov't Code, § 284.302, a wireless network provider shall indemnify, defend, and hold the city harmless from and against all liability, damages, cost, and expense, including reasonable attorney's fees, arising from injury to person or property proximately caused by the negligent act or omission of the network provider accessing a public right-of-way under Tex. Local Gov't Code, Chapter 284. The city and the network provider, as applicable, shall promptly notify each other in writing of any known claim or demand against the other related to or arising out of the network provider's use of the public right-of-way under Tex. Local Gov't Code, Chapter 284 shall promptly notify the network. After such notice, the network provider shall defend the claims. The network provider shall have the right to defend and compromise the claims. The city shall cooperate in the defense of the claims. The foregoing indemnity obligations shall not apply to claims arising solely from the negligence of city; however, they shall apply in the case of all claims which arise from the joint negligence of the network provider and the city; provided that in such cases, the amount of the claims for which the city shall be entitled to indemnification shall be limited to that portion attributable to the network provider. Nothing in this section shall be construed as waiving any governmental immunity available to the city under state law or waiving any defenses of the parties under state law. Further, the indemnification provided by Tex. Local Gov't Code, Chapter 284 is solely for the benefit of the city and the network provider and does not create or grant any rights, contractual or otherwise, to any other person or entity.
(Ord. 170822A, passed 8-22-2017)