A grantee agrees by acceptance of a franchise that it shall indemnify and save free and harmless, and by the acceptance of a franchise, agrees to indemnify and save free and harmless the city, the city council, each member thereof, all officers, agents, employees and members of boards and commissions of the city from and against any and all liability by reason of or arising out of any and all claims, demands, causes of action or proceedings which may be asserted, prosecuted or established against them or any of them, for injury to persons or tangible damage to property of whatever nature arising out of the use by a grantee of the rights-of-way, or of any other operations or activities of a grantee pursuant to this chapter and a franchise and the operation of a cable system, whether the damage shall be caused by negligence or otherwise (including, but not limited to, any liability for damages for defamation and damages by reason of or arising out of any failure by a grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by a grantee’s cable system or vehicle operations) and irrespective of the amount of the liability insurance policies required hereunder, but excepting therefrom liability arising out of any claim, demand, cause of action or proceeding resulting from the negligence or willful misconduct of the city, the city council, each member thereof, or officers, agents, employees or members of boards and commissions of the city, or resulting from the negligence or willful misconduct of persons distributing programs via the PEG access channels over which persons and programming a grantee cannot legally and does not exercise control.
(1992 Code, § 44-81) (Ord. 104-09, passed 11-16-2009)