A. Liability Upon Permittee: Each owner and permittee is wholly responsible for the quality of the work performed in the public right of way and both the owner and permittee are jointly and severally liable for all consequences of any condition of such work and any facilities installed in the public right of way. Neither the issuance of any permit, inspection, repair, nor suggestion, approval, or acquiescence of any person affiliated by the city shall excuse any owner and/or permittee from such responsibility or liability.
B. Indemnification, Defense And Hold Harmless: Each owner and permittee shall indemnify, defend and hold harmless the city of Redlands and its officers, agents and employees, as well as their associated and affiliated companies and their respective officers, agents and employees from any and all suits, actions, losses, claims and liabilities of every kind, nature and description, including, but not limited to, attorney fees and any injury or death to any person(s) or damage to any property(ies) arising out of or in connection with the work performed by it or on its behalf under a permit to excavate. Upon the request of the city, the owner and/or permittee, at no cost or expense to the city, shall defend any suit, action or legal proceeding asserting a claim for losses or liabilities, to the extent that any such suit, action or legal proceeding claims a loss covered by the terms of this indemnification agreement. (Ord. 2397 § 3, 1999)