(A)   To the fullest extent permitted by law, the WTF operator shall, at its sole cost and expense, fully indemnify, defend and hold harmless the municipality, its officers, public officials, boards and commissions, agents and employees from and against any and all lawsuits, claims, causes of action, actions, liability and judgments for injury or damages (including but not limited to expenses for reasonable legal fees and disbursements assumed by the municipality in connection therewith):
      (1)   To persons or property, in any way arising out of or through the acts or omissions of the WTF operator, its subcontractors, agents or employees, to which the WTF operator's negligence shall in a any way contribute, and regardless of whether the municipality's negligence or the negligence of any other party shall have contributed to such claim, cause of action, judgment, injury, or damage, provided that the WTF operator's liability shall be commensurately reduced by any contributory negligence.
      (2)   Arising out of the WTF operator's failure to comply with the provisions of any federal, state, or local statute, ordinances or regulation applicable to the WTF provider in its business hereunder.
   (B)   The foregoing indemnity is conditioned upon the following: The municipality shall give the WTF operator prompt notice of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of this section.  Nothing herein shall be deemed to prevent the municipality from cooperating with the WTF operator and participating in the defense of any litigation by its own counsel at its own costs and expense.
(Ord. 98-11, passed 5-19-98)