To the extent permitted by federal and/or state law,
including any applicable provisions of the PSC, an MCS provider shall at all
times defend, indemnify, protect, save harmless, and exempt the City, the
City Council, the Manager, their officers, agents, servants, and employees,
from any, and all, penalty, damage, or charges arising out of claims, suits,
demands, causes of action, or award of damages whether compensatory or punitive,
or expenses arising therefrom, either at law or in equity, which might be
claimed now or in the future, which may arise out of, or be caused by, the
construction, erection, location, products performance, operation, maintenance,
repair, installation, replacement, removal or restoration of the multichannel
system within the City by a negligent act or omission of an MCS provider,
its agents or employees, contractors, subcontractors, independent contractors,
or implied or authorized representatives. With respect to the penalties, damages
or charges referenced herein, reasonable attorneys' fees, consultants' fees,
and expert witness fees are included as those costs which may be recovered
by the City.