A. Additional requirements. In addition to and distinct from the insurance requirements of this chapter, grantee releases and shall defend, indemnify, and hold harmless the city from any and all claims, losses, costs, liabilities, damages, and expenses (except those damages caused solely by the negligence of the city), including, but not limited to, those of the grantee’s lessees, and also including, but not limited to, reasonable attorneys’ fees arising out of or in connection with the telecommunications or cable facilities, the performance of any work, the operation of any telecommunications or cable facilities, or the grantee’s system, or the acts or omissions of the grantee or any of its suppliers or contractors of any tier, or anyone acting on the grantee’s behalf in connection with said installation of telecommunications or cable facilities, performance of work, or operation of telecommunications or cable facilities or grantee’s system.

B. Inclusions. Such indemnity, protection, and hold harmless shall include any demand, claim, suit, or judgement for damages to property or injury to or death of persons, including officers, agents, and employees of any person including payment made under or in connection with any workers compensation law or under any plan for employees disability and death benefits, which may arise out of or be caused or contributed to directly or indirectly by the erection, maintenance, presence, operation, use, or removal of grantee’s telecommunication or cable facilities, including any claims or demands of customers of the grantee with respect thereto.

C. Indemnification. The city shall not be liable to the grantee or to the grantee’s customers, and the grantee hereby indemnifies, protects and saves harmless the city against any and all such claims or demands, suit or judgement for loss, liability, damages, and expense by the grantee’s customers, or for any interruption to the service of the grantee, or for interference with the operation of the telecommunications or cable facilities.

D. Application. To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold harmless provisions shall apply to and be for the benefit of the city.

E. Successors and assigns. All provisions of this chapter shall apply to the successors and assigns of the grantee. (Ord. 1114 §1, 1999).