Each franchise agreement shall include, to the extent permitted by law, franchisee’s express promise to defend, indemnify and hold the city and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorneys’ fees and costs of suit or defense, arising out of, relating to, resulting from or alleged to arise out of, relate to or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the franchisee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its facilities or related to the provider’s provision of services over the facilities, whether or not such acts or omissions are authorized, allowed or prohibited by this chapter or by a franchise agreement.
(Ord. 1326, passed 4-3-2017) Penalty, see § 91.999