Each franchisee must agree to defend, with counsel to be approved by the city, indemnify,
and hold harmless, the city and its agents, officers, servants, and employees from
and against any and all claims asserted or liability established for damages or injuries
to any person or property, including injury to city employees, agents, or officers
which arise from, or in any manner connected or related with, or are caused or claimed
to be caused by acts or omissions of franchisee, or their agents, officers or employees,
in the performance of the nonexclusive franchise agreement, or in performing the work
or services therein, and all costs and expenses of investigating and defending against
same; provided, however, that franchisee's duty to indemnify and hold harmless shall
not include any claims or liability to the extent arising from the established active
negligence, sole negligence, or sole willful misconduct of the city, its agents, officers,
or employees. This indemnification requirement shall be included in every franchise
agreement.
(Ord. 732B §1(part), 2003)
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