A wireless provider shall indemnity and hold the Village, and its elected and appointed officials and officers, employees, agents and representatives harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the Village improvements or rights-of-way associated with such improvements by the wireless provider or its employees, agents or contractors arising out of the rights and privileges granted under this Chapter or the Small Wireless Facilities Deployment Act. The wireless provider's indemnity obligations hereunder shall not apply against any liabilities and losses as may be due to or caused by the soles negligence of the Village, its employees or agents. The wireless provider shall further waive any claims that it may have against the Village with respect to consequential, incidental, or special damages, however caused, based on the theory of liability.
(Ord. 1679. Passed 9-10-18.)