(A) Any application for wireless telecommunication facilities that is proposed for town property, pursuant to this subchapter, shall contain a provision with respect to indemnification.
(1) Such provision shall require the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless and exempt the town, and its officers, boards, employees, committee members, attorneys, agents and consultants from any and all penalties, damages, costs or charges arising out of any and all claims, suits, demands, causes of action or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the town, or its servants or agents.
(2) With respect to the penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees and expert witness fees are included in those costs that are recoverable by the town.
(B) Notwithstanding the requirements noted in division (A) above, an indemnification provision will not be required in those instances where the town itself applies for and secures a special use permit for wireless telecommunications facilities.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)