(a) Disclaimer. Compliance with the provisions of this Chapter shall not relieve any person or permittee from responsibility or liability for damage to any persons or property. The provisions of this Chapter are promulgated to promote the health, safety, and welfare of the public and are not intended or designed to create a benefit for any specific individual or particular property.
(b) Indemnification. By applying for and accepting a permit under this Chapter, the permittee is agreeing to, and shall be required to, defend, indemnify, and hold harmless the City's agents, elected officials, officers, employees, volunteers, and subcontractors from all costs, liabilities, claims and suits for damages of any kind arising out of the test boring, opening, excavation, or work associated therewith, by the permittee, or the person performing the work on behalf of the permittee, whether any act or omission complained of is authorized, allowed, or prohibited by the permit. No permittee, or person performing work on behalf of the permittee, shall bring, or cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the City's agents, elected officials, officers, employees, volunteers, and subcontractors for any claim, nor for any award arising out of the test boring, opening, or excavation or any activity related thereto, whether the act or omission complained of is authorized, allowed or prohibited by a permit. This division is not, as to third parties, a waiver of any defense or immunity otherwise available to the permittee, the person performing work on behalf of the permittee, or to the City, and the permittee and/or person performing work on behalf of the permittee in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert on its own behalf.
(Ord. 2023-35. Adopted 12/14/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)