Indemnification.

Memphis Code of Ordinances § 6-28-18

in effect

Sec. 6-28-18. - Indemnification. Grantee shall indemnify, defend and save whole and harmless the city and all of its officers, agencies and employees against and from any and all claims, suits, final judgments, actions, losses, costs and expenses, including attorney's fees and costs or expenses incidental to the investigation and defense of claims and lawsuits brought for, on behalf of, or on account of any injuries or damages received or sustained by any person, firm or corporation or to any property, which may be occasioned by, or arising out of or from, the conduct of grantee in connection with this chapter, the construction, reconstruction, expansion, removal, maintenance, operation or repair of grantee's system, the conduct of grantee's business in the city pursuant to this chapter, any occurrence in connection with this chapter, any and all claims and lawsuits arising from any breach or default on the part of grantee in the performance of any term, condition, provision, covenant or agreement to be performed by grantee pursuant to this chapter or the franchise agreement, any act or omission of grantee or any of its agents, contractors, subcontractors, servants, employees or licensees, or any relationship between grantee and its end use customers and retailers whether caused by or attributable solely to grantee and others, or the city, and grantee shall pay all final judgments, with costs, attorneys fees and expenses, which may be obtained against the city related to any such claim. The city agrees to give grantee prompt and reasonable notice of any claims or lawsuits; and grantee shall have the right to investigate, compromise, intervene and defend same to the extent of its own interest. The above indemnification shall not apply to any judgment of liability resulting from the gross negligence or willful misconduct of the city. The terms and provisions contained in this section are intended to be for the benefit of the city and grantee and are not intended to be for the benefit of any third party. The city shall have the right to participate or conduct the defense of its interests in any proceeding, and thereby assume risks and liabilities for its own acts or omissions. (Code 1985, § 10-154; Ord. No. 4398, § 19, 11-19-1996)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-28FIOPTEREFR_S6-28-18INFetched: 10/28/2026