[R.O. 2011 §250.930; Ord. No. 2000-92 §2(10.1), 12-5-2000]
A. By
reason of the acceptance of a registration or the grant of a construction
permit or public ways use permit or license, the City does not assume
any liability:
1. For injuries to persons, damage to property, or loss of service claims
by any parties, or
2. For claims or penalties of any sort resulting from the installation,
presence, maintenance or operation of facilities by any person or
activities of any person.
[R.O. 2011 §250.940; Ord. No. 2000-92 §2(10.2), 12-5-2000; Ord. No. 1578, 2-6-2018]
A permittee operating under the provisions of this Chapter shall
fully indemnify, release, defend (with counsel acceptable to the City)
and hold harmless the City, agents of the City when acting in their
capacity as municipal officials, employees and agents, from and against
any and all claims, demands, suits, proceedings and actions, liability
and judgment by other persons for damages, losses, costs, and expenses,
including attorney fees, from the action or inaction of the ROW user,
its agents, representatives, employees, contractors, subcontractors
or any other person for whose acts the ROW user may be liable, in
constructing, operating, maintaining, repairing, restoring or removing
facilities, or use of the rights-of-way or the activities performed,
or failed to be performed, by the ROW user under this Chapter or applicable
law, or otherwise, except to the extent arising from or caused by
the sole or gross negligence or willful misconduct of the City, its
elected officials, officers, employees, agents or contractors. Nothing
herein shall be deemed to prevent the City, or any agent from participating
in the defense of any litigation by their own counsel at their own
expense. Such participation shall not under any circumstances relieve
the person from his/her duty to defend against liability or his/her
duty to pay any judgment entered against the City, or its agents.
This indemnification shall survive the expiration or termination of
any ROW use agreement, franchise, license, permit, or other authorization
for a period of five (5) years after the effective date of expiration
or termination.