A. Extent Of Indemnity: The grantee shall, by acceptance of any franchise granted, indemnify, defend and hold harmless the grantor, its officers, boards, commissions, agents, and employees from any and all claims, suits, judgments, for damages or other relief, costs and attorney fees in any way existing out of or through or alleged to arise out of or through:
1. The act of the grantor in granting the franchise.
2. The acts or omissions of grantee, its servants, employees, or agents including, but not limited to, any failure or refusal by grantee, its servants, employees or agents to comply with any obligation or duty imposed on grantee by this Chapter or the franchise agreement.
3. The exercise of any right or privilege granted or permitted by this Chapter or the franchise agreement.
Such indemnification shall include, but not be limited to, all claims arising in tort, contract, infringements of copyright, violations of statutes, ordinances or regulations or otherwise.
B. Defense Of Claims: In the event any claims shall arise, the grantor or any other indemnified party shall tender the defense thereof to the grantee. Provided, however, that the grantor or other indemnified party in its sole discretion may participate in the defense of such claims at grantee's sole expense, and in such event, such participation shall not relieve the grantee from its duty or defense against liability or of paying any judgment entered against such party. Grantee shall not agree to any settlement of claims without grantor approval.
C. Grantor's Negligence: The grantee shall not be required to indemnify the grantor for negligence or wilful misconduct on the part of grantor's officials, boards, commissions, agents or employees. (Ord. 3-95, 3-21-1995)