Except as to certificated telecommunications providers, as provided
in V.T.C.A., Local Government Code ch. 283, and holders of a state-issued
certificate of franchising authority to provide cable or video services,
in accordance with V.T.C.A, Utilities Code ch. 66, each utility other
than network providers placing facilities in the public right-of-way
shall agree to promptly defend, indemnify and hold the city harmless
from and against all damages, costs, losses, claims, demands, suits,
causes of action, judgments or expenses arising out of, incident to,
concerning or resulting from the negligent or willful acts or omissions
of the utility, its agents, employees, and subcontractors, in the
performance of activities pursuant to or authorized under this article
for the repair, replacement or restoration of the city’s property,
equipment, materials, structures and facilities that are damaged,
destroyed or found to be defective; damage to or loss of the property
of any other utility, including but not limited to that damaged utility,
its agents, officers, employees and subcontractors, city’s agents,
officers and employees, and third parties; and death, bodily injury,
illness, disease, loss of services, or loss of income or wages to
any person, including, but not limited to, the agents, officers and
employees of the utility, utility’s subcontractors and city,
and third parties.