Operators shall sign each permit and the town shall retain a signed original. Each such permit issued by the town shall include the following language:
“Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the Town of Lakeside, and/or its departments, agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a permit. The operator shall fully defend, protect, indemnify, and hold harmless the Town of Lakeside, Texas, its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the Town of Lakeside, Texas, its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the operator under a permit. The operator agrees to indemnify and hold harmless the Town of Lakeside, Texas, its departments, its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs or judgments against the town, its departments, its officers, agents, servants or employees, created by, or arising out of the acts or omission of the Town of Lakeside occurring on the drill site or operation site in the course and scope of inspecting and permitting the wells including, but not limited to, claims and damages arising in whole or in part from the negligence of the Town of Lakeside occurring on the drill site or operation site in the course and scope of inspecting and permitting gas wells.”, and
“It is understood and agreed that the indemnity provided for in this section is an indemnity extended by the operator to indemnify and protect the Town of Lakeside, Texas and/or its departments, agents, officers, servants, or employees from the consequences of the negligence of the Town of Lakeside, Texas and/or its departments, agents, officers, servants, or employees, whether that negligence is the sole or contributing cause of the resultant injury, death, and/or damage.”
(Ord. 326, passed 7-14-2011)