1. Extent of Indemnity. The grantee shall, by acceptance of any franchise granted, indemnify, defend, and hold harmless the City, its officers, boards, commissions, agents, and employees from any and all claims, suits, judgments for damages or other relief, costs, and attorney’s fees in any way existing out of or through or alleged to arise out of or through:
A. The act of the City in granting the franchise.
B. The acts or omissions of grantee, its servants, employees, or agents, including (but not limited to) any failure or refusal by grantee, its servants, employees, or agents to comply with any obligation or duty imposed on grantee by this chapter or the franchise agreement.
C. The exercise of any right or privilege granted or permitted by this chapter or the franchise agreement.
Such indemnification shall include, but not be limited to, all claims arising in tort, contract, infringements of copyright, violations of statutes, ordinances or regulations, or otherwise.
2. Defense of Claims. In the event any claims shall arise, the City or any other indemnified party shall tender the defense thereof to the grantee. Provided, however, the City or other indemnified party in its sole discretion may participate in the defense of such claims at grantee’s sole expense, and in such event, such participation shall not relieve the grantee from its duty or defense against liability or of paying any judgment entered against such party. Grantee shall not agree to any settlement of claims without City approval.
3. City’s Negligence. The grantee shall not be required to indemnify the City for negligence or willful misconduct on the part of City’s officials, boards, commissions, agents, or employees.