A. The permittee must, to the fullest extent permitted by law, indemnify, defend and hold harmless the city, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as co-insureds (collectively the “indemnified parties” or individually, each an “indemnified party”), from and against any and all claims, liability, penalties, fines, costs, damages, losses and causes of action, arising out of or resulting from, or alleged to arise out of, relate to, or to result from the performance or nonperformance of any construction performed at the instance of permittee, or performance or nonperformance of any services performed at the instance of permittee (hereinafter singularly and collectively referred to as “indemnity claims”), but only to the extent directly or indirectly caused by the negligence or willful misconduct of permittee, its contractors, subcontractors or supplier of any tier, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable. Permittee, at its sole expense, must promptly dispose of indemnity claims, defend all lawsuits and similar proceedings filed against an indemnified party on the account of indemnity claims, pay all awards and judgments rendered against an indemnified party in connection therewith, and reimburse each indemnified party for all reasonable expenses incurred by such indemnified party in connection with indemnity claims and lawsuits and arbitrations and similar proceedings including, but not limited to, attorneys’ fees, expert witness fees, court costs, arbitration costs and all other reasonable costs (not limited to statutory costs).

B. If indemnity claims are caused or alleged to be caused in part by any joint or concurrent negligent act (either active or passive) or omission by an indemnified party, permittee will indemnify, defend and hold harmless such indemnified party, as provided above, from such indemnity claims to the extent such indemnity claims arise out of or result from the negligence or willful misconduct of permittee or its contractors, subcontractors or suppliers of any tier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, or anyone for whose acts permittee may be responsible or liable. In no event will permittee be obligated to indemnify an indemnified party for indemnity claims which arise out of or result from the sole negligence of such indemnified party or its agents, servants or independent contractors who are directly responsible to such indemnified party, excluding permittee.

C. In addition, the city may require that any person, public utility, or wireless carrier accepting such a master permit or construction permit provide the city with additional indemnification, such as an indemnification from a parent company.

D. The indemnification provided for herein does not apply to injuries to persons or damage to property caused by or resulting from the sole negligence of the city, its agents or employees.

E. For the sole purpose of effecting the indemnification obligations herein, the permittee, by accepting a master permit, specifically and expressly waives any immunity that may be granted it under any applicable workers’ compensation act, disability benefit acts or other employee benefit acts. (Ord. 3039 § 2, 2019)