A. Limitation Of Liability: By registering with the City, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the City for any liability for: 1) injuries to persons, damage to property or loss of service claims by parties other than the registrant or the City, or 2) claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment or facilities by registrants or permittees or activities of registrants or permittees.
B. Indemnification: By registering with the City, a registrant agrees, or by accepting a permit under this chapter, a permittee is required to indemnify, keep and hold the City free and harmless from any and all costs, specifically including attorney fees and other costs and expenses of defense, liabilities and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment and facilities, or out of any activity undertaken in or near a right-of-way, whether or not any act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City’s negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant’s behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant, permittee or the City, and the registrant or permittee, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. In defending the City, any registrant or permittee shall obtain the consent of the City Council before any settlement shall be enforced. (Ord. 990, 12-4-2017; amd. Ord. 1054, 11-1-2021)