Neither the city nor any city officer or employee shall be responsible for any damage or loss caused by any encroachment or excavation in any public right-of-way made by any person under the authority of a permit issued pursuant to the provisions of this chapter. The permittee shall be solely liable for any damage or loss arising out of or in any way connected with such encroachment or excavation, and shall fully indemnify, hold harmless and defend city, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorneys' fees), damages, and liabilities of every kind arising out of or in any way connected with such encroachment or excavation, whether or not caused in part by the passive negligence of the city. (Ord. 2009-022 § 2)