In addition to and distinct from the insurance requirements of this chapter, each applicant hereby agrees to defend, indemnify and hold harmless the city and its officers, officials, boards, commissions, employees, agents and representatives from and against any and all damages, losses, claims and expenses, including reasonable attorneys' fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the acts, omissions, failure to act or misconduct of applicant or its affiliates in the construction, installation, operation, maintenance, repair, removal or replacement of the SCF. This chapter shall not require the applicant to indemnify or hold harmless the city for any losses, claims, damages, and expenses arising out of or resulting from the sole negligence or willful misconduct of the city.
(Ord. 1402, passed 7-1-2019)