(A) (1) The grantee shall by acceptance of the franchise granted herein indemnify, defend, and hold harmless the grantor, its officers, boards, commissions, agents, and employees from any and all claims, suits, judgments for damages in any way arising out of or through or alleged to arise out of or through:
(a) The act of the grantor in granting the franchise; and
(b) The acts or omissions of grantee, its servants, employees, or agents.
(2) Both such indemnifications shall cover such claims arising in tort, contracts, violations of statutes, ordinances or regulations, or otherwise.
(B) In the event any such claims shall arise, the grantor shall tender the defense thereof to the grantee. Provided, however, that the grantor in its sole discretion may participate in the defense of such claims at its expense.
(Prior Code, § 115.063) (Ord. D-1485, § 6.4, passed 6-3-1985, effective 6-13-1985)