131.16(A) A permittee shall indemnify, defend and hold harmless and at
’s option, pay for an attorney selected by
, to defend the
and the
’s consultants,
, attorneys and assigns and their officials, employees and agents (collectively referred to as “indemnities”) and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorneys’ fees) or liabilities (collectively referred to as “liabilities”) by reason of any injury to or death of any
or damage to or destruction or loss of any property arising out of, resulting from, or in connection with:
131.16(A)(1) The performance or non-performance of the services contemplated by this Chapter which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the permittee or its employees, agents or subcontractors (collectively referred to as “permittees”), regardless of whether it is, or is alleged to be, caused in whole or in part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnities, or any of them; or
131.16(A)(2) The failure of the permittee to comply with any of the paragraphs herein or the failure of the permittee to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or
, in connection with the actions taken under this Chapter.
131.16(B) The indemnification obligations under this Chapter shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the permittee and/or
employed or utilized by the permittee, in the performance of the actions taken under this Chapter, under any insurance required by this Chapter including, but not limited to, workers’ compensation acts, disability benefit acts, or other
benefit acts.
131.16(C) The obligations of the permittee under this Chapter shall not extend to the liability of the consultant, the consultant’s consultants, and agents and employees or any of them arising out of:
131.16(C)(1) The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or
131.16(C)(2) The giving of or the failure to give directions or instructions by the consultant, the consultant’s consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage.
(Ord. 2010-23, passed 10-4-2010)