(A) Except for 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 city from any claim, loss or damage arising in any way from the 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. A permittee has no obligation to indemnify the city for any damage or loss caused by the city.
(B) Except for right-of-way occupancy 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 are set forth in the regulations, covering its facilities and operations pursuant to its right-of-way occupancy permit.
(C) Such regulations shall provide that upon the written application of a permittee and approval of the Deputy City Manager, City Attorney and City 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. 9351, passed 7-11-06; Am. Ord. 2017-034, passed 4-25-17)