A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the city, its officials, boards, commissions, commissioners, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the maintenance or operation of its ambulance service, the conduct of franchisee's business in the city, or in any way arising out of the franchisee's enjoyment or exercise of a franchise granted hereunder, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this subchapter, provided, however, that franchisee's obligation hereunder shall not extend to any claims caused by the misconduct or sole gross negligence of the city, its officials, boards, commissioners, agents or employees. This provision includes, but is not limited to, the city's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. Nothing in this section shall prohibit the city from participating in the defense of any litigation by its own counsel and obtaining indemnification of the reasonable costs associated therewith.
(Ord. 1160, passed 5-15-96; Am. Ord. 1181, passed 9-4-96)