(a) The licensee or franchisee shall indemnify, save harmless and defend the city, its mayor and council, appointed boards and commissions, officers and employees, individually and collectively from all fines, liens, suits, claims, demands, actions, costs of litigation, attorneys' fees, judgments or liability of any kind (including but not limited to libel, slander, invasion of privacy, unauthorized use of any trademark, trade name or service mark, copyright infringement, injury, death or damage to person or property) arising out of or in any way connected with the installation, construction, operation, maintenance or condition of the system. The licensee or franchisee shall assume all risks in the operation of the system and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of the performance of the license or franchise agreement. The amounts and types of insurance coverage requirements set forth in section 7B-23 ("Insurance") shall in no way be construed as limiting the scope of indemnity set forth in this section.
(b) Should any of licensee or franchisee's facilities installed pursuant to this chapter be damaged or destroyed by the city, its agents, employees, contractors or subcontractors, the licensee or franchisee shall repair or replace such facilities at its own expense and shall waive any right, claim, or action for damages or other available remedies which it may have against the city, its agents, employees, contractors or subcontractors, except as to intentional, willful, or malicious damage to licensee or franchisee's property by city employees acting outside the scope of their employment or by other parties acting without the express consent of the city.
(Ord. No. 8522, § 1, 6-12-95)