§ 70-174. Indemnification.  


Latest version.
  • The grantee shall indemnify and hold the city and its officers, commissioners, mayor, directors, agents, servants, employees, successors, and assigns harmless of and from any and all claims for personal injury, death or property damage, any other losses, damages, charges or expenses, including attorney's and paralegal's fees, witness fees, court costs, whether at trial, on appeal or otherwise, and the reasonable value of any services rendered by any officer or employee of the city, and any orders, judgments or decrees which may be entered which arise or are alleged to have arisen out of, in connection with, or attributable to, the grantee's activities under this franchise and the construction, maintenance, operation, placement, repair, relocation, or removal by the grantee, its agents or contractors of any portion of the telecommunications system. The grantee shall undertake at its own expense the defense of any action which may be brought against the city for damages, injunctive relief or for any other cause of action arising or alleged to have arisen out of, in connection with or attributable to, the foregoing and, in the event any final judgment therein should be rendered against the city resulting from the foregoing, the grantee shall promptly pay the final judgment together with all fees and costs relating thereto; the grantee being allowed, however, to appeal to the appropriate court or courts from the judgment rendered in any such suit or action upon the filing of such supersedeas bond as shall be required to prevent levy or judgment against the city during such appeal or appeals.

(Ord. No. 99-46, § 1, 8-12-99)