(A) Limitation of liability. By reason of the acceptance of a registration or a grant of the right-of-way permit, the city does not assume any liability; for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the city; or for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants.
(B) Indemnification. By registering with the city, a registrant agrees, or by accepting a permit under this chapter, a permit holder 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 equipment, or out of any activity undertaken in or near a right-of-way, whether or not 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 equipment, or any activity undertaken in or near a right-of-way, whether or not the act or omission complained of is authorized, allowed, or prohibited by right-of-way permit. The foregoing does not indemnify the city for its own negligence except for the claims arising out of or alleging the city’s negligence where the negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance, or repair of the equipment by the registrant or on the registrant’s behalf, including, but not limited to, the insurance 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 on its own behalf.
(Prior Code, § 96.32)