The franchisee shall, at its sole cost and expense, fully indemnify, defend and save harmless the city, its officers, boards, commissions and employees against any and all claims, suits, actions, liability and judgments for damage or penalty arising out of the operation of the CATV franchise, including all out-of-pocket expenses, such as attorney fees and all other costs of litigation, including the reasonable value of any services rendered by the City Attorney, or his or her assistants or any employee of the city, except that the franchisee shall not be required to indemnify the city, its officers, boards, commissions or employees for acts or claims arising from their own negligence or intentional acts. The damages or penalties to be indemnified shall include, but not be limited to, damages arising out of copyright infringement and all other damages arising out of the installation, operation or maintenance of the CATV system authorized herein, whether or not such acts or omissions complained of are authorized, allowed or prohibited by the franchise.
(Ord. 4, series 1979, passed 9-17-1979) Penalty, see § 115.99