Each permit application shall contain a statement that by occupying or constructing facilities in the right of way, the utility agrees to defend, indemnify and hold the village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the acts or omissions of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights of way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a franchise, license, or similar agreement. The utility's indemnity obligations shall not apply or extend to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence of the village, its officials, officers, employees, agents or representatives. (Ord. 2898, 11-13-2000)