(A) Permittee shall defend, indemnify, protect, and hold harmless the city, its officers, agents, employees, elected and appointed officials, departments, boards, and commissions from any and all claims, losses, liabilities, causes of action, demands, judgments, decrees, proceedings, and expenses of any nature (collectively "claims") (including, without limitation, attorneys' fees) arising out of or resulting from the acts or omissions of permittee, its officers, agents, employees, contractors, successors, or assigns, but only to the extent such acts or omissions are related to permittee's use of or installation of facilities in the public right-of-way and only to the extent of the fault or responsibility of permittee, its officers, agents, employees, contractors, successors and assigns.
(B) The city shall notify permittee promptly in writing of any such claims and the method and means proposed by the city for defending or satisfying any such claims. The city shall cooperate with permittee in every reasonable way to facilitate the defense of any such claims. The city shall consult with permittee respecting the defense and satisfaction of such claims, including the selection and direction of legal counsel.
(C) The city shall not settle any claim subject to indemnification by permittee without the advance written consent of permittee, which consent shall not be unreasonably withheld. Permittee shall have the right to defend or settle, at its own expense, any claim against the city for which permittee is responsible under this section.
(Ord. 959, passed 11-8-10)