A
shall, at its sole cost and expense, indemnify, hold harmless and defend the
, its officials, boards, members, agents and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the
arising out of the placement or maintenance of its communications system or facilities
, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Chapter; provided, however, that a
’s obligation hereunder shall not extend to any damages caused by the negligence, gross negligence or wanton or willful acts of the
. This provision includes, but is not limited to, the
’s reasonable attorneys’ fees incurred in defending against any such claim, suit or proceedings.
agrees to notify the
, in writing, within a reasonable time of
receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the
from participating in the defense of any litigation by its own counsel and at its own cost if in the
’s reasonable belief there exists, or may exist, a conflict in representation, potential conflict or appearance of a conflict. Nothing contained in this Section shall be construed or interpreted:
132.18(A) As denying to either party any remedy or defense available to such party under the Laws of the
of Florida;
132.18(B) As consent by the
to be sued; or
132.18(C) As a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28.
(Ord. 2010-23, passed 10-4-2010)