The permit holder shall indemnify and hold the city harmless from all costs, expenses and damages to persons or property arising directly or indirectly from the construction, maintenance, repair or operation of the permit holder’s facilities located within the rights-of-way found to be caused solely by the negligence of the permit holder. Expenses shall include any reasonable and necessary attorney’s fees and court costs. The city shall give the permit holder prompt written notice of any claim for which the city seeks indemnification. The permit holder shall have the right to investigate, defend and compromise any such claim. This provision is not intended to create a cause of action or liability for the benefit of third parties, but rather this provision is solely for the benefit of the permit holder and the city.
(Ord. 99-05, passed 6-15-1999)