(A)   Except for limited right-of-way permittees for residential purposes, each permittee shall, as a condition of its right-of-way permit, indemnify, protect and hold harmless the village from any claim, loss or damage arising in any way from permittee’s occupation or use of the right-of-way, including but not limited to the construction, operation or maintenance of permittee’s facilities, and from any such permittee’s negligent or wrongful act or omission excluding, however, claims arising from the village’s sole negligence or willful misconduct.
   (B)   Except for limited right-of-way permittees for residential purposes, each permittee, as a condition of its permit, shall keep in force a policy or policies of liability insurance, having such terms and in such amounts as are set forth in the regulations, covering its facilities and operations pursuant to its right-of-way permit. The village shall be named as an additional insurance on such policy.
   (C)   Upon the written application of a permittee and approval of the Director, Village Solicitor and Fiscal Officer, permittees who (i) maintain a net book value in excess of $10,000,000, and (ii) otherwise demonstrate and maintain acceptable financial strength, may self-insure in lieu of providing policies of insurance.
(Ord. 10-12-05, passed 1-4-11)