§ 309. Indemnification of the City.

A.

Except as provided herein, Grantee shall, at its 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 Grantee; or in any way arising out of Grantee'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 rights-of-way, except to the extent such damages were caused by the negligence or intentional conduct of the City or its officers, agents or authorized contractors and subcontractors.

B.

This indemnity provision 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.

C.

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

D.

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

(Ord. No. 22415, § 1, 5-19-2011)