(A) To the extent authorized by law, each person placing facilities in the public rights-of-way shall agree to, promptly defend, indemnify, and hold the city harmless from and against all damages, costs, losses, or expenses:
(1) For the repair, replacement, or restoration of the city’s property, equipment, materials, structures, and facilities which are damaged, destroyed, or found to be defective as a result of the person’s acts or omissions; and
(2) From and against any and all claims, demands, suits, causes of action, and judgments for the following, arising out of, incident to, concerning, or resulting from the negligent or willful acts or omissions of the person, its agents, employees, or subcontractors, in the performance of activities pursuant to this subchapter:
(a) Damage to or loss of the property of any person (including, but not limited to, the person, its agents, officers, employees, and subcontractors, the city’s agents, officers, and employees, and third parties); or
(b) Death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to, the agents, officers, and employees of the person, the person’s subcontractors, and the city, and third parties).
(B) This indemnity provision shall not apply to any liability resulting from the negligence of the city, its officers, employees, agents, contractors, or subcontractors.
(C) The provisions of this indemnity are solely for the benefit of the city and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
(Ord. 480, passed 3-21-2000)