(A) A permit holder shall, at its sole cost and expense, indemnify and hold harmless the village, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising out of the permit holder's use or occupancy of the rights-of-way. A permit holder shall defend any actions or proceedings against the village in which it is claimed that personal injury, including death, or property damage was caused by the permit holder's use or occupancy of the rights-of-way. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification. A permit holder shall not be required to indemnify and hold the village harmless for claims caused by the village's negligence, gross negligence or willful misconduct.
(B) A permit holder shall at all times during the life of a permit carry and require its subcontractors to carry liability, property damage, worker's disability, and vehicle insurance in such form and amount as shall be determined by the village as set forth in the permit. A permit holder shall name the village as an additional insured on its liability insurance policies. All required insurance coverage shall provide for 30 days’ notice to the village in the event of material alteration or cancellation of such coverage prior to the effective date of such material alteration or cancellation.
(Ord. 2016-63, passed 12-12-2016)