(A) By submission of the fee and application, the tower agrees that all personnel and equipment used under the terms of the contract shall be and remain property of the tower, and in no event shall the property or any employee of the tower be represented or considered belonging to or employed by the Township of Voorhees. The tower shall be operating under a contract and in no way or sense is an agent or employee of the Township of Voorhees.
(B) Hold-harmless agreement; liability.
(1) The tower, by submission of the fee and application, agrees to assume the defense of and indemnify and hold harmless the Township, its elected officials, boards, Councils, officers, employees and agents from all suits, actions, damages or claims to which the Township may be subjected, of any kind or nature whatsoever, resulting from, caused by, arising out of or as a consequence of the provisions of providing the services required by this chapter. Prior to providing the towing services, the tower shall execute the appropriate contract containing the required hold harmless clause.
(2) The owner of the garage or the parking or storage location shall also agree to indemnify and hold harmless the Township and its officers, employees and agents from any and all suits, actions, damages or claims arising out of the performance of the duties specified in this chapter.
(3) The Township of Voorhees shall not be liable for any service whatsoever which may be rendered to motor vehicles, and the tower shall only seek payment from the driver and/or owner of such vehicles for compensation.
(Ord. 247-14, passed 5-12-14)