In consideration of waiver by the county of the insurance and surety bond requirements or projects or activities which may be undertaken by the city involving as disturbance of any right-of-way of the county within the corporate limits of the city that it is agreed that:
(A) The city, or its successors, or assigns, shall indemnify and save harmless the county, its officers, agents, employees and servants against all loss, damage or expense that it or they may sustain as a result of any suit, actions or claims of any character brought on account of property damage, injury to or death of any person, or persons including persons performing any work or activity under a permit issued by the county’s Highway Department which any arise in connection with the work or activities to be performed under all permits arising in any manner from the negligence or wrongful acts or failure to act by the city and its employees in the performance of the work or activity; and
(B) The city shall, at its own expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the county in any such action, the city shall, at its own expense. Satisfy and the city shall discharge the same.
(Prior Code, § 39.02) (Ord. 87-O-1269, passed 4-1-1987)