(a) Except for limited right-of-way permittees for residential purposes, each permittee shall, as a condition of its right-of-way permit, indemnify, protect and hold harmless the municipality from any claim, loss or damage arising in any way from permittee's occupation or use of the right-of-way, including but not limited to the construction, operation or maintenance of permittee's facilities, and from any such permittee's negligent or wrongful act or omission excluding, however, claims arising from the municipality's sole negligence or willful misconduct.
(b) Except for limited right-of-way permittees for residential purposes, each permittee, as a condition of its permit, shall keep in force a policy or policies of liability insurance, having such terms and in such amounts as may be set forth in the regulations, covering its facilities and operations pursuant to its right-of-way permit.
(c) Such regulations shall provide that upon the written application of a permittee and approval of the Administrator, Municipality Attorney and Municipality Auditor, which approval shall not be unreasonably withheld, permittees who maintain a net book value in excess of $10,000,000 may self-insure in lieu of providing policies of insurance.
(Ord. 2714, passed 12-17-07)