(A) Each person placing facilities in the public rights-of-way shall agree to promptly defend, indemnify and hold the city harmless from and against all damages, costs, losses or expenses:
(1) For the repair, replacement or restoration of city’s property, equipment, materials, structures and facilities which are damaged, destroyed or found to be defective as a result of the person’s acts or omissions; and
(2) From and against any and all claims, demands, suits, causes of action and judgments for:
(a) Damage to or loss of the property of any person (including, but not limited to, the person, its agents, officers, employees and subcontractors, city’s agents, officers and employees and third parties); and/or
(b) Death, bodily injury, illness, disease, loss of services or loss of income or wages to any person (including, but not limited to, the agents, officers and employees of the person, person’s subcontractors, and city and third parties), arising out of, incident to, concerning or resulting from the negligent or willful act or omissions of the person, its agents, employees and/or subcontractors in the performance of activities pursuant to this subchapter.
(B) This indemnity provision shall not apply to any liability resulting from the negligence of the city, its officers, employees, agents, contractors or subcontractors.
(C) The provisions of this indemnity are solely for the benefit of the city and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
(1998 Code, § 106-179) (Ord. 99-51, passed 8-18-1999)