5.60.250   Indemnity.
   The grantee shall indemnify, defend, and hold harmless the grantor, its council, officers, officials, employees, agents, boards and commissions from and against all liability, loss, damage, expense, costs (including without limitation attorneys' fees and other costs and fees in litigation) of every nature (whether in contract, tort or strict liability, including without limitation personal injury, death at any time and property damage) arising out of or in connection with the grantee's or any of its employees', agents' or contractors' performance of work, or failure to comply with any of the obligations, under this chapter or the franchise agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the grantor or its officials, employees or agents acting within the scope of their employment or authority. The indemnity provisions of this section shall be implemented pursuant to Section 3825 and the terms of the franchise agreement; provided, that the grantee's obligations under this section shall not be limited by any insurance provided or held by the grantee. (Ord. 9527 § 1 (part), 1995: prior code § 3824)