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(a) The permittee, or its successors or assigns in interest, by acceptance of the permit agrees to indemnify, defend, protect, and hold harmless the City, including, without limitation, each of its commissions, departments, officers, agents, and employees (hereinafter in this subsection collectively referred to as "San Francisco") from and against any and all actions, claims, costs, damages, demands, expense, fines, injuries, judgments, liabilities, losses, penalties, or suits including, without limitation, attorneys' fees and costs (collectively, "claims") of any kind allegedly arising directly or indirectly from:
(1) Any act by, omission by, or negligence of the permittee, its contractors, subcontractors, or the officers, agents, or employees such entities, while engaged in the performance of the work authorized by the permit, or while in or about the property subject to the permit for any reason connected in anyway whatsoever with the performance of the work authorized by the permit, or allegedly resulting directly or indirectly from the maintenance, installation, or storage of any materials, equipment, or structures authorized under the permit;
(2) Any accident, damage, death, or injury to any contractor or subcontractor, or any officer, agent or employee of either of them, while engaged in the performance of the work authorized by the permit, or while in or about the property for any reason connected with the performance of the work authorized by the permit, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of the work authorized by the permit;
(3) Any accident, damage, death, or injury to any person(s) or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the work authorized by the permit from any cause or claims arising at any time; and
(4) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by permittee about, in, on, or under the public right-of-way subject to the permit or the environment. As used herein, "hazardous material" means any gas, material, substance, or waste which, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. "Release" when used with respect to hazardous materials shall include any actual or imminent disposing, dumping, emitting, emptying, escaping, injecting, leaching, leaking, pumping, pouring, or spilling.
(b) Upon the request of San Francisco, the permittee, at no cost or expense to San Francisco, must indemnify, defend, and hold harmless San Francisco against any claims, regardless of the alleged negligence of San Francisco or any other party, except only for claims resulting directly from the sole negligence or wilful misconduct of San Francisco. Each permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend San Francisco from any claims which actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to permittee by San Francisco and continues at all times thereafter. In addition, San Francisco shall have a cause of action for indemnity against each permittee for any costs San Francisco may be required to pay as a result of defending or satisfying any claims that arise from or in connection with the permit, except only for claims resulting directly from the sole negligence or wilful misconduct of San Francisco. Permittee agrees that the indemnification obligations assumed under the permit shall survive expiration of the permit.
(Added by Ord. 447-87, App. 11/12/87; amended by Ord. 180-02, File No. 021067, App. 8/29/2002)