The applicant shall furnish a written agreement to indemnify and hold harmless the town, its officials, agents and employees from any liability due to loss, damage, injuries or other casualties of any kind, or by whomsoever caused, to the person or property of anyone on or off the right-of-way arising out of, or resulting from the issuance of the permit or the work or activity connected therewith, or from the installation, existence, use, maintenance, conditions, repairs, alteration or removal of any equipment or material, whether due in whole or in part to the negligent acts or omissions of:
(A) The town, its officials, agents or employees; or
(B) The applicant, his or her agents, contractors or employees, or other persons engaged in the performance of the work or activity; or
(C) The joint negligence of any of the above, including any claims arising out of the Workman’s Compensation Act or any other law, ordinance, order or decree, for a period of the applicable statute of limitations. The indemnity shall also provide that the applicant shall pay for all costs associated with the removal and/or moving of the public utility facility or other object located within the right-of-way or reimburse the town for all expenses it incurs in the event that the town removes and/or moves the public utility facility or object on behalf of the applicant. The indemnity shall also provide that the applicant shall pay all reasonable expenses and attorney fees incurred by or imposed by the town in connection herewith in the event that the applicant shall default under the provisions of the indemnity agreement.
(Ord. 2021-03, passed 10-12-2021; Ord. 2023-03, passed 5-9-2023)