(a) City Not Liable. The City, and its agents, employees, and contractors, shall not be liable to the grantee or the grantee's customers for any interference with or disruption in the operation of the grantee's electric system, or the provision of service over or through the electric system, or for any damages arising out of the grantee's use of the public ways.
(b) Indemnification. As part of the consideration for of this chapter, the grantee shall defend, indemnify, protect and hold harmless the City, its officers, agents, employees, departments, boards, and commissions from any and all claims, losses, liabilities, causes of action, demands, judgments, decrees, proceedings, and reasonable expenses of any nature (including, without limitation, actual fees and expenses of attorneys, expert witnesses and consultants), arising out of or resulting from the acts or omissions of the grantee, its officers, agents, employees, contractors, successors, or assigns, but only to the extent of the fault of the grantee, its officers, agents, employees, contractors, successors, or assigns.
(c) Assumption of Risk. The grantee undertakes and assumes for its officers, agents, contractors and subcontractors and employees, all risk of dangerous conditions, if any, on or about any City-owned or controlled property, including public ways, and the grantee hereby agrees to indemnify and hold harmless the City against and from any claim asserted or liability imposed upon the City for personal injury or property damage to any person arising out of the installation, operation, maintenance or condition of the electric system or the grantee's failure to comply with any Federal, State or local statute, ordinance or regulation.
(d) Notice, Cooperation and Expenses. The City shall give the grantee prompt notice of the making of any claim or the commence of any action suit or other proceeding covered by the provisions of this section.
Nothing herein shall be deemed to prevent the City from cooperating with the grantee and participating in the defense of any litigation by City's own counsel.
The grantee shall pay all expenses incurred by the City in defending itself with regard to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by or on behalf of the City's attorney(s), and the actual expenses of the City's agents, employees or expert witnesses, and disbursements and liability assumed by the City in connection with such suits, actions or proceedings.
(Ord. 2000-02. Passed 1-18-00.)