[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.