(a) A provider shall have no recourse against the City for any loss or damage arising out of the failure of the City to have the authority to grant all or any part of a revocable franchise or the authority to grant permission to use all or part of the rights-of-way. A provider acknowledges that on accepting a revocable franchise:
(1) It did so relying on its own investigation and understanding of the power and authority of the City; and
(2) It has not been induced to obtain a revocable franchise by any understanding or promise by or on behalf of the City concerning any term or condition of a revocable franchise not expressed in this chapter or in the revocable franchise.
(b) Each provider accepts as its own risk that the City may make use of the rights of way in which a system used by a provider is located in a manner inconsistent with the provider's use and that in such event the provider will not be entitled to compensation from the City.
(c) The City shall not be liable for injury or damage to others arising out of a provider's use of a system due to the act or omission of any person other than the City or those persons for which the City is legally liable as a matter of law.
(d) A provider shall, at its sole cost and expense, indemnify and hold harmless the City and its respective employees, officers, boards, agents and contractors (hereinafter referred to in this chapter as "indemnitees") from and against any and all liability which may be imposed upon or against the indemnitees by reason of any act or omission of a provider, its employees, agents, contractors or subcontractors, resulting in personal injury or property damage to any person arising out of its use of an electrical system.
(e) In the event any action shall be brought against the indemnitees by reason of any matter for which the indemnitees are indemnified hereunder, a provider shall, at the provider's sole cost and expense, defend the same with legal counsel selected by the provider and consented to by the City Attorney, which consent shall not to be unreasonably withheld.
(f) A provider shall immediately advise the City Attorney of any claim or litigation that may result in liability to the City.
(g) The issuance of a revocable franchise, or other action or transaction of the City, shall not constitute any representation, guarantee or warranty by the City of any kind to any person, customer or provider, and shall not be a defense against a provider's obligation to indemnify and hold the City harmless.
(Ord. 388. Passed 3-7-00.)