§ 13.24.400 — Indemnification

13.24.400 Indemnification.

Each franchise agreement must include the following provision: "Indemnity: Franchisee must defend, indemnify, and hold harmless, the city and its agents, officials, 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 are connected 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 the work or services therein; provided, however, that franchisee's duty to defend, indemnify, and hold harmless shall not include any claims or liability arising from the established active negligence, sole negligence, or sole willful misconduct of the city, its agents, officials, officers, or employees." (Ord. 2021-0003 § 15)