(A) The company shall, at its sole cost and expense, fully indemnify, defend and hold harmless the county, Board, and cities, its officers, boards, commissions, and employees against any and all claims, suits, actions, liability and judgments for damages (including but not limited to expenses for reasonable legal fees and disbursements and liabilities assumed by the Board in connection therewith):
(1) To persons or property, in any way arising out of or through the acts or omissions of the company, its servants, agents or employees, or to which the company's negligence shall in any way contribute;
(2) Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation (excluding claims arising out of or relating to county programming); and
(3) Arising out of the company's failure to comply with the provisions of any federal, state, or local statute, ordinance or regulation applicable to the company in its business hereunder.
(B) The foregoing indemnity is conditioned upon the following: The Board shall give the company prompt notice of the making of any claim or commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the county from cooperating with the company and participating in the defense of any litigation by its own counsel at its sole cost and expense. No recovery by the county of any sum by reason of the letter of credit required in § 111.13 hereof shall be any limitation upon the liability of the company to the county under the terms of this section, except that any sum so received by the county shall be deducted from any recovery which the county might have against the company under the terms of this section.
(Ord. 450.1, passed 12-4-80)