Indemnity required. Each certificate of registration issued pursuant to this chapter shall contain provisions whereby providers agree to defend, indemnify and hold the village and its agents, officers, elected officials, employees, volunteers, and subcontractors harmless from and against all damages, costs, losses or expenses:
(A) For the repair, replacement, or restoration of village property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of such provider's acts or omissions; and
(B) From and against any and all claims, demands, suits, causes of action, and judgments:
(1) For damage to or loss of the property of any person, and/or the death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person;
(2) Arising out of, incident to, concerning or resulting from the act or omissions of such provider, its agents, employees, and/or subcontractors, in the performance of activities pursuant to such certificate of registration, no matter how, or to whom, such loss may occur.
(C) In any event, all persons using or occupying the rights-of-way agree to defend, indemnify and hold harmless the village as set forth above as a condition of their use and occupancy of the rights-of-way, but such requirement to defend, indemnify and hold harmless shall not extend to the negligence of the village or its agents, elected officials, officers, employees, volunteers and subcontractors, to the extent that the existence of such negligence shall be proven to exist.
(Ord. O-20-20, passed 10-26-2020)