(a) City does not accept liability. By reason of the acceptance of a registration or the grant of a right-of-way permit, the city does not assume any liability:
(1) For injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the city; or
(2) For claims or penalties of any sort resulting from the installation, presence, maintenance or operation of facilities by registrants or activities of registrants.
(b) Registrant or permittee indemnifies city. By registering with the city, a registrant agrees, or by accepting a permit a permittee is required, to defend, indemnify and hold the city whole and harmless from all costs, liabilities and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its facilities, or out of any activity undertaken in or near a right-of-way, whether any act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the city for any claim nor for any award arising out of the presence, installation, maintenance or operation of its facilities, or any activity undertaken in or near a right-of-way, whether the act or omission complained of is authorized, allowed, or prohibited by a right-of-way permit. The foregoing does not indemnify the city for its own negligence except for claims arising out of or alleging the city’s negligence where negligence arises outdoors and is primarily related to the presence, installation, construction, operation, maintenance or repair of the facilities by the registrant or on the registrant’s behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the city; and the registrant, in defending any action on behalf of the city, shall be entitled to assert in any action every defense or immunity that the city could assert in its own behalf.
(1992 Code, § 35.5-8) (Ord. 55-99, passed 5-17-1999)