(A) Limitation of liability. By reason of the acceptance of a registration or the grant of a right-of-way permit, the city does not assume any liability:
(1) For injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the city; or
(2) For claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of facilities by registrants or activities of registrants.
(B) Indemnification.
(1) A registrant or permittee shall indemnify, keep, and hold the city free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the issuance of permits or by the construction, maintenance, repair, inspection, or operation of the registrant’s or permittee’s facilities located in the right-of-way.
(2) (a) The city shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the local government unit’s negligence as to the issuance of permits or inspections to ensure permit compliance.
(b) The city shall not be indemnified if the injury or damage results from the performance in a proper manner of acts that the registrant or permittee reasonably believes will cause injury or damage, and the performance is nevertheless ordered or directed by the city after receiving notice of the registrant’s or permittee’s determination.
(C) Defense.
(1) If a suit is brought against the city under circumstances where the registrant or permittee is required to indemnify, the registrant or permittee, at its sole cost and expense, shall defend the city in a suit if written notice of the suit is promptly given to the registrant or permittee within a period in which the registrant or permittee is not prejudiced by the lack or delay of notice.
(2) If the registrant or permittee is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permittee may not settle the litigation without the consent of the city. Consent will not be unreasonably withheld.
(3) (a) This part is not, as to their parties, a waiver of any defense, immunity, or damage litigation otherwise available to the city.
(b) In defending an action on behalf of the city, the registrant or permittee is entitled to assert in an action every defense, immunity, or damage limitation that the city could assert in its own behalf.
(2006 Code, § 14.76) (Ord. 137, 3rd Series, passed 4-7-2000)