Each Certificate of Registration issued under this Chapter shall be under the conditions and contain provisions whereby Providers agree to defend, indemnify and hold City and its agents, officers, elected officials, employees, volunteers, and contractors harmless from and against all damages, costs, losses, or expenses; 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 such Provider’s acts or omissions; and 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 such Provider, its agents, officers, employees and subcontractors, City’s agents, officers, elected officials, employees, volunteers, contractors and third parties), arising out of, incident to, concerning or resulting from the act or omissions of such Provider, its agents, employees, and/or subcontractors, in the performance of activities pursuant to such Certificate of Registration, no matter how, or to whom, such loss may occur. In any event, all persons using or occupying the Rights-of-Way agree to defend, indemnify, and hold the City harmless as set forth above as a condition of their use or occupancy of the Rights-of-Way. Excepting negligent acts or omissions that are willful and wanton or intentional torts and for which immunity is not provided by the O.R.C. for such acts, omissions or intentional torts. This exception shall not extend to acts, omissions, or intentional torts occurring as a result of or in response to an Emergency.
(Ord. 74-2007. Passed 11-19-07.)