By occupying or constructing facilities in the right-of-way, any permittee and the owner of any facility in the rights-of-way of the city shall be deemed to agree to defend, indemnify and hold the city and its elected and appointed officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorneys' fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the permittee or owner or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this subchapter or by a franchise, license, or similar agreement; provided, however, that the permittee's or owner's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this subchapter by the city, its officers, employees, agents or representatives.
(Ord. 07-18, passed 10-23-07)