§ 1212. Indemnification.

A.

Each ROW occupant and permittee shall, at their sole cost and expense, indemnify, hold harmless and defend the City, its elected and appointed officials, officers, boards, commissions, commissioners, agents, employees and volunteers against any and all claims, suits, causes of action (whether frivolous or otherwise), proceedings and judgments for damages or equitable relief arising out of the installation, construction, maintenance or operation of facilities by the ROW occupant or permittee; the conduct of the ROW occupant's business in the City; or in any way arising out of the ROW occupant's enjoyment or exercise of the privileges granted by the City or applicable law, regardless of whether the act or omission complained of is authorized, allowed or prohibited by the City, other applicable law, or the terms of any grant to occupy the arterial rights-of-way.

B.

Each ROW occupant and permittee shall indemnify and hold harmless the City and its elected and appointed officers, officials, boards, commissions, commissioners, employees, agents and volunteers from and against any and all claims, demands, suits or causes of action (whether frivolous or otherwise) of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments or decrees sustained by the City arising out of, or by reason of, or resulting from or of the acts, errors or omissions of the ROW occupant or permittee, or its agents, independent contractors or employees related to or in any way arising out of the construction, operation or repair of the facilities in question.

C.

The indemnity provision of this Section 1212 includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such action, claim, suit (whether frivolous or otherwise) or proceeding, as well as the reasonable value of any services rendered by the City Attorney or City staff or employees.

D.

Nothing in this chapter shall be construed to waive any immunity the City enjoys under applicable law or the Oklahoma Constitution.

E.

Acceptance of the provisions of this section shall be a condition of all occupancy permits and rights-of-way construction permits.

(Ord. No. 19945)