(A) The grantee shall, at its sole cost and expense, fully indemnify, defend, and hold harmless the village, 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 village in connection therewith:
(1) To persons or property, in any way arising out of or through the acts or omissions of the grantee, its servants, agents, or employees or to which the grantee's negligence shall in any way contribute; or
(2) Arising out of the grantee's failure to comply with the provisions of any federal, state, or local statute, ordinance, or regulation applicable to the grantee in its business hereunder.
(B) The foregoing indemnity is conditioned on the following, that the village shall give grantee prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the village from cooperating with the grantee and participating in the defense of any litigation by its own counsel at its sole cost and expense.
(1995 Code, § 112.08) (Ord. 79-O-20, passed 7-9-1979)