Any
operator, owner or permittee who owns or operates communications facilities
or communications support structures in the right-of-way shall indemnify,
protect, defend, and hold the Town and its elected officials, officers,
employees, agents, and volunteers harmless against any and all claims,
lawsuits, judgments, costs, liens, losses, expenses, fees to include
reasonable attorney fees and costs of defense, proceedings, actions,
demands, causes of action, liability and suits of any kind and nature,
including personal or bodily injury or death, property damage or other
harm for which recovery of damages is sought, to the extent that it
is caused by the negligence of the operator who owns or operates communications
facilities and communications support services in the right-of-way,
any agent, officer, director, representative, employee, affiliate,
or subcontractor of the operator, or their respective officers, agents,
employees, directors, or representatives while installing, repairing,
or maintaining facilities in the right-of-way.