(A) The grantee shall indemnify, hold harmless, and defend the city from any and all losses or claims of whatever kind to the extent that they arise from or are alleged to have arisen, directly or indirectly from the execution, performance or breach of this franchise by grantee, its employees, agents, servants, owners, principals, lessees, contractors and subcontractors, excluding negligence and misconduct on the part of the city. This indemnity shall in no way be limited by any financial responsibility, insurance, or loss control requirements below and shall survive to the extent permitted by the applicable statute of limitations.
(B) For purposes of this indemnity provision:
(1) The word DEFEND includes, but is not limited to, investigating, handling, responding to, resisting, providing a defense for, and defending claims, at grantee’s expense, using an attorney selected by the grantee and approved in writing by the city which approval shall not be unreasonably withheld.
(2) The word CLAIMS includes, but is not limited to, claims, demands, liens, suits, and other causes of action of whatever kind.
(3) The word LOSSES includes, but is not limited to: attorneys’ fees and expenses; costs of litigation; court or administrative agency costs; judgments; fines; penalties; interest, all environmental cleanup and redemption costs of whatever kind; and any liability arising from death, injury or damage of any kind to any person, including employees and agents of grantee, its servants, owners, principals, licensees, vendees, lessees, contractors and subcontractors or the city, and damage to or destruction of any property, including the property of the city.
(Ord. 22-08, passed 4-12-22)