A registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the city, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the city arising out of the placement or maintenance of its wireless facilities in public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter, provided, however, that a registrant's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton or willful acts of the city. This provision includes, but is not limited to, the city reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. Nothing contained in this section shall be construed or interpreted: (a) as denying to either party any remedy or defense available to such party under the laws of the state; or (b) as a waiver of sovereign immunity beyond the waiver provided in A.R.S. §§ 12-820 et seq. as it may be amended. The indemnification requirements shall survive and be in effect after the termination or cancellation of a registration.
(Ord. 2018-001, passed 2-8-18)