The applicant and wireless provider shall defend, indemnify, and hold harmless the city, its agents, officers, officials, and employees from any and all damages, liabilities, injuries, losses, attorneys’ fees, costs, and expenses, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the applicant or wireless provider. In the event the city becomes aware of any actions or claims, the city shall promptly notify the applicant and wireless provider and reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the applicant and the wireless provider, as applicable, shall reimburse the city for any costs, expenses, and attorneys’ fees directly and necessarily incurred by the city in the course of the defense.
(Ord. 708, passed 12-2-2020)