Each provider shall indemnify, defend and hold harmless the city for all damages and penalties incurred as a result of the provider’s conduct or performance under this chapter and/or their respective franchise agreement or competitive video service agreement. These damages and penalties shall include, but shall not be limited to, damages arising out of personal injury, property damage, copyright infringement, defamation, antitrust, errors and omission, theft, fire and all other damages arising out of the provider’s exercise under this chapter or under their respective franchise agreement or competitive video service agreement, whether or not any act or omission complained of is authorized, allowed or prohibited by this agreement. Such indemnification shall include, but not be limited to, reasonable attorney’s fees and costs. Each provider’s obligations hereunder shall not extend to any claim or loss arising from the city’s gross negligence or willful misconduct.
(Ord. 2007-106, passed 5-21-2007)