Title 13 - Streets and Sidewalks

13.50.050 Indemnification.

As a condition of use of the Rights-of-Way, Franchisees at their sole cost and expense, shall indemnify, protect, defend (with legal counsel representing the City that is acceptable to the City, such approval not to be unreasonably withheld) and hold harmless the City, its elected officials, officers, employees, and agents, from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and expenses of any kind, including, without limitation, reasonable attorney's fees and costs of defense arising, directly or indirectly, in whole or in part, out of the fact that the City approved a Franchise with Franchisee, the rights granted to Franchisee, or the activities performed, or failed to be performed, by Franchisee under the Franchise or use of the Rights-of-Way, or otherwise, to the extent caused by the Franchisee. This indemnification shall survive the expiration or termination of any Franchise or use of the Rights-of-Way for a period of two (2) years after the effective date of expiration or termination.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901