Indemnities.
The permittee and, if applicable, the owner of the property upon which
the wireless facility is installed shall defend, indemnify and hold
harmless the city, its agents, officers, officials, and employees:
(i) from any and all damages, liabilities, injuries, losses, costs,
and expenses, and from any and all claims, demands, law suits, writs
of mandamus, and other actions or proceedings brought against the
city or its agents, officers, officials, or employees to challenge,
attack, seek to modify, set aside, void or annul the city's approval
of the permit; and (ii) from any and all damages, liabilities, injuries,
losses, costs, and expenses, and any and all claims, demands, law
suits, or causes of action and other actions or proceedings of any
kind or form, whether for personal injury, death or property damage,
arising out of or in connection with the activities or performance
of the permittee or, if applicable, the private property owner or
any of each one's agents, employees, licensees, contractors, subcontractors,
or independent contractors. In the event the city becomes aware of
any such actions or claims the city shall promptly notify the permittee
and, if applicable, the private property owner and shall reasonably
cooperate in the defense. The city shall have the right to approve,
which approval shall not be unreasonably withheld, the legal counsel
providing the city's defense, and the property owner and/or permittee
(as applicable) shall reimburse city for any costs and expenses directly
and necessarily incurred by the city in the course of the defense.