Indemnification. Small cell wireless facilities proposed for
Village of Geneseo property or the public right-of-way shall require
a provision with respect to indemnification. Such provision shall
require the applicant, to the extent permitted by law, to at all times
defend, indemnify, protect, save, hold harmless, and exempt the Village
and its elected and appointed officials, officers, board members,
employees, commission members, attorneys, agents, and consultants
from any and all penalties, damages, or charges, whether compensatory
or punitive, or expenses arising therefrom, either at law or in equity,
which might arise out of, or are caused by, the placement, construction,
erection, modification, location, product performance, use, operation,
maintenance, repair, installation, replacement, removal, or restoration
of said facility, excepting, however, any portion of such claims,
suits, demands, causes of action, or awards or damages as may be attributable
to the negligent or intentional acts or omissions of the Village or
its servants or agents. With respect to the penalties, damages, or
charges referenced herein, reasonable attorneys' fees or consultants'
fees are included in those costs that are recoverable by the Village.