Indemnification.

San Antonio City Code § 19-666

in effect

Sec. 19-666. - Indemnification. (a) Permit holder covenants and agrees to fully indemnify, defend and hold harmless, the city and the elected officials, employees, officers, directors, volunteers and representatives of the city, individually and collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death and property damage (collectively "CLAIMS"), made upon the city directly or indirectly arising out of, resulting from or related to permit holder's violation of this contract, including any violation attributable to any agent, officer, director, representative, employee, consultant or subcontractor of permit holder, and their respective officers, agents employees, directors and representatives while in the exercise of the rights or performance of the duties under this contract. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence or intentional misconduct of city, its officers or employees. In the event permit holder and city are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws for the State of Texas, without, however, waiving any governmental immunity available to the city under Texas law and without waiving any defenses of the parties under Texas law. (b) The provisions of this indemnity are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. The parties shall advise each other in writing within 24 hours of any claim or demand against either party that it reasonably believes are covered by permit holder's indemnity obligations hereunder. The city shall have the right, at its option and at its own expense, to participate in such defense without relieving permit holder of any of its obligations under this paragraph. (c) Defense counsel permit holder shall retain the right to select defense counsel in fulfilling its obligation hereunder to defend and indemnify city, unless such right is expressly waived by permit holder in writing. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense. (d) Employee litigation. In any and all claims against any party indemnified hereunder by any employee of permit holder, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for permit holder or any subcontractor under worker's compensation or other employee benefit acts. (e) It is expressly understood and agreed that permit holder is and shall be deemed to be an independent contractor and permit holder responsible to all parties for its respective acts or omissions and that city shall in no way be responsible therefor. (Ord. No. 2018-10-11-0803, § 1, 10-11-18)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH19MOVETR_ARTXIXMOSISCELBIBIEQGP_S19-666INFetched: 10/27/2026