§ 8.06.290. Indemnification.  


Latest version.
  • 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)