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The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, on account of injury or damage to any person or property, caused or occasioned, in whole or in part, by the Company’s negligence in construction, reconstruction, excavation, operation, or maintenance of the electric facilities authorized by the franchise; provided, however, the Company shall not be obligated to defend, indemnify, and save harmless the City for any costs or damages except to the extent attributable to the negligence of the City, its officers, employees, or agents. Damages alleged to have arisen by virtue of City staff issuance of permit or plan approval shall not be included in the exception to the indemnification provided by the Company.
All reasonable and proper police regulations shall be adopted and enforced by the City for the protection of the facilities of the Company. From time to time, the City may, in the exercise of its police powers, adopt ordinances governing the use of its right-of-way and the Company shall be subject to all such ordinances to the extent such are not inconsistent with State and federal statutes and regulations governing the operation of Company or the franchise. The Company reserves the right to challenge or contest the City’s interpretation or application of any said laws, codes, ordinances, statutes, and regulations.
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