The company agrees by the acceptance of this franchise to indemnify, keep and save the city free and harmless from liability on account of injuries or damage to persons or property growing out of the construction, maintenance, repair and operation of its equipment and apparatus located upon, through, along, under or over the city's streets. If any suit to enforce this liability shall be brought against the city, either independently or jointly with the company, upon notice by the city the company shall defend the city at the cost of the company and, in the event of final judgment being obtained against the city either independently or jointly with the company, the company shall pay the judgment with all costs and hold the city harmless therefrom.
(Ord. 2005-07, passed 6-20-2005)