If any firm listed on the roster performs towing services in a manner not in accordance with the provisions contained in this chapter, the police department is held harmless from any and all liability or damage arising therefrom and by participating in the roster, the towing firm hereby indemnifies and holds harmless the village and the police department and its employees, officers, agents and assigns (indemnities), for any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the indemnities by reason of any act or omission of the towing firm, its personnel, employees, agents, contractors or subcontractors, resulting in personal injury, bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, or any other claims which may arise out of or be in any way connected with the towing firms' operations performed under this chapter.
To the fullest extent permitted by law, the towing firm hereby agrees to defend, indemnify and hold harmless the village of Sugar Grove and the police department, its officials, employees and agents against all injuries, deaths, losses, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the village of Sugar Grove and the police department, its officials, agents and employees, arising in whole or in part or in consequence of the performance of this work by the towing firm, its employees, or subcontractors, or which may in anywise result therefor, except that arising out of the sole legal cause of the village of Sugar Grove and the police department, its employees or agents, the towing firm shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefor or incurred in connections therewith, and, if any judgment shall be rendered against the village of Sugar Grove and the police department, its officials, employees and agents, in any such action, the towing firm shall, at its own expense, satisfy and discharge the same.
The towing firm expressly understands and agrees that any performance bond or insurance policies required by this chapter, or otherwise provided by the towing firm, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the village of Sugar Grove and the police department, its officials, employees and agents as herein provided. (Ord. 2015-04-21, 4-21-2015)