(a) Indemnification of City. As a condition of a Surface-Mounted Facility Site Permit, each Permittee agrees on behalf of itself and its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind allegedly arising directly or indirectly from the following:
(1) Any act, omission, or negligence of a Permittee or its agents, successors, or assigns while engaged in the construction, installation, or maintenance of any Surface-Mounted Facility authorized by a Permit, or while in or about the Public Right-of-Ways that are subject to the Permit, for any reason connected in any way whatsoever with the performance of the work authorized by the Permit, or allegedly resulting directly or indirectly from the construction, installation, or maintenance of any Surface-Mounted Facility authorized under the Permit or any required street trees;
(2) Any accident, damage, death, or injury to any of a Permittee’s contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of the construction, installation, or maintenance of any Surface-Mounted Facility authorized by a Permit or any required street trees, or while in or about the Public Right-of- Ways that are subject to the Permit, for any reason connected with the performance of the work authorized by the Permit, including from exposure to radio frequency emissions;
(3) Any accident, damage, death, or injury to any Person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the construction, installation, or maintenance of any Surface-Mounted Facility authorized by a Permit or any required street trees, or while in or about the Public Right-of-Ways that are subject to the Permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency emissions; and
(4) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a Permittee or its agents about, in, on, or under the Public Right-of-Ways.
(b) Defense of City. Each Permittee agrees that, upon the request of the City, the Permittee, at no cost or expense to the City, shall indemnify, defend, and hold harmless the City against any claims as set forth in subsection (a) above, regardless of the alleged negligence of City or any other party, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claims that 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 the Permittee or its agent by the City and continues at all times thereafter. Each Permittee further agrees that the City shall have a cause of action for indemnity against the Permittee for any costs the City may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a Permit, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee further agrees that the indemnification obligations assumed under a Permit shall survive expiration of the Permit or completion of installation of any Surface-Mounted Facility authorized by the Permit.
(c) Additional Requirements. The Department may specify in a Permit such additional indemnification requirements as are necessary to protect the City from risks of liability associated with the Permittee’s construction, installation, and maintenance of a Surface-Mounted Facility or any required street trees.