Licensee agrees to the fullest extent permitted by law, to waive any and all rights of contribution against the city and to indemnify and hold harmless the city and its officers, officials, employees, volunteers and agents from and against all claims, damages, losses and expenses, including, but not limited to, legal fees (attorney's and paralegal's fees, expert fees and court costs) arising out of or resulting from the performance of the licensee's work, provided that any such, claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, other than the work itself, including the loss of use resulting therefrom, or is attributable to misuse or improper use of trademark or copyright protected material or otherwise protected intellectual property, to the extent it is caused in whole or in part by any wrongful or negligent act or omission of the licensee, anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right to indemnity which the city would otherwise have. The licensee shall similarly, protect, indemnify and hold and save harmless, the city, its officers, officials, employees, volunteers and agents against and from any all claims, costs, causes, acts and expenses, including, but not limited to, legal fees, incurred by reason of licensee's breach of any of its obligations under, or licensee's default of any provisions of the contract. The indemnification obligations under this division shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the licensee under Workers' Compensation or Disability Benefit Acts or Employee Benefit Act.
(Ord. 9272, passed 1-5-2015)