§ 15-41. Indemnity and hold harmless.

The company, its successors and assigns, in the construction, maintenance and operation of its electric power system, shall use all reasonable and proper precaution to avoid damage or injury to persons and property. The company, its successors and assigns, shall hold and save the city, its officers, employees, agents and authorized contractors harmless from any and against all claims, damages, expense, liability, and costs, including reasonable attorney fees, caused by the negligence, in whole or in part, of company employees, agents, or servants, related to the company's occupancy of the rights-of-way. In the event a claim shall be made or an action shall be instituted against the city arising out of the company's occupancy of the rights-of-way, then upon notice by the city to the company, the company shall assume responsibility for the defense of such actions at the cost of the company, subject to the option of the city to appear and defend.

(Ord. No. 6618, § 6, 5-1-07)