By registering with the city or by accepting a permit under this subchapter, a registrant or permittee agrees to defend, indemnify and hold harmless the city from all liability or claims of liability for bodily injury or death to persons or for property damage, in which the claim:
   (A)   Alleges a negligent or otherwise wrongful act or omission of the registrant or permitee or its employees, agents or independent contractors in installing, maintaining or repairing the permitee’s or registrant’s facilities; and alleges that the city is liable without alleging any independent, negligent or otherwise wrongful act or omission on the part of city;
   (B)   Is based on the city’s negligent or otherwise wrongful act or omission in issuing the permit or registering the registrant or in failing to properly or adequately inspect or enforce compliance with a term, condition or purpose of the permit granted to the permittee. The registrant or permittee is not required to indemnify the city for losses or claims occasioned by the negligent or otherwise wrongful act or omission of the city except to the extent authorized in the previous sentence regarding the issuance of a permit or the inspection or enforcement of compliance with a permit or when otherwise provided in an applicable franchise agreement;
   (C)   A defense or indemnification of the city by a registrant or permittee is deemed not to be a waiver of any defense or immunity otherwise available to city. A registrant or permittee, in defending any action on behalf of the city, is entitled to assert every defense or immunity that the city could assert on its own behalf; and
   (D)   The city’s authorization to proceed with excavation or obstruction in the right-of-way pursuant to notice Minnesota Rules 7819.1200 is deemed a permit for the purpose of this section.
(Ord. 460, passed 8-28-2000)