(a) Each grantee, at its sole expense, shall fully indemnify, defend, and hold harmless the County, and, in their capacity as such, the officers, agents, and employees thereof, from and against any and all claims, suits, actions, liability, and judgments for damages or otherwise:
(1) For actual or alleged injuries to persons or property, including the loss or use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through, or alleged to arise out of or through, the acts or omissions of the grantee, or its officers, agents, employees, or contractors, or to which the grantee’s, or its officers, agents, employees, or contractors, acts or omissions in any way contribute;
(2) Arising out of, or alleged to arise out of, any claim for damages for invasion of the right of privacy, defamation of any person, firm, or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark, or patent, or of any other right of any person, firm, or corporation; and
(3) Arising out of, or alleged to arise out of, the grantee’s failure to comply with the provisions of any statute, regulation, or ordinance of the United States, State, or any local agency applicable to the grantee in its business.
(b) The indemnification and hold harmless provisions of this section shall include those prescribed by Section 11-1.1309 of Article 13 of this chapter.
(c) Nothing set forth in this section shall be deemed to prevent the parties indemnified and held harmless from participating in the defense of any litigation by their own counsel at the grantee’s sole expense. Such participation shall not under any circumstances relieve the grantee from its duty of defense against liability or of paying any judgment entered against such party. (§ 1, Ord. 961, eff. October 27, 1983)