§ 25. City held harmless:  


Latest version.
  • The Franchisee shall construct, maintain and operate its facilities in a manner which provides reasonable protection against injury or damage to persons or property; provided, however, said obligation of the Franchisee hereunder shall not increase or decrease its liability on third-party claims; and provided further that the Franchisee's obligation to the City hereunder shall not be diminished by said exception. The Franchisee shall hold the City harmless and indemnify the City from and against all lawsuits, liability, damage, claims, demands, judgment and losses whatsoever in nature, and reimburse the City for all its reasonable expenses arising out of the operations of the Franchisee within the City and the securing of and the exercise by the Franchisee of the Franchise rights granted in this ordinance, including any third-party claims, administrative hearings and litigation. None of the City expenses reimbursed by the Franchisee under this section shall be surcharged. Nothing herein contained shall obligate the Franchisee to hold the City harmless and indemnify the City to the extent any lawsuits, liability, damage, claims, demands, judgments and losses shall have been found to have arisen out of or in connection with any negligent act, failure to act or intentional wrongdoing of the City or of its officers, agents or employees, by final decision of a court of competent jurisdiction in an action where the City is a party.