Section 4.71.190 Liability and indemnification.

The Franchisee shall defend at its own expense, in the name and on behalf of the City, and shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, whether caused or contributed to by the negligence of the Franchisee, or the City, on account of injury or damage to any person or property, caused or occasioned, or allegedly caused or occasioned, in whole or in part by reason of or arising out of the construction, excavation, operation or maintenance of the Cable System by the Franchisee. However, the Franchisee shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the sole negligence of the City. The duty of the Franchisee to defend, save harmless and indemnify the City shall extend to officers, employees and agents of the City to the extent the City is obligated to defend, save harmless and indemnify by law. (Ord. 99-7781, S-36880, 1978)