§ 19-329. Indemnification

(a) Franchisee shall, as a condition of the franchise, agree to indemnify, protect, defend (with counsel acceptable to the city) and hold harmless the city, its council members, officers, employees and agents, from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and cleanup actions of any kind, all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney's fees and costs of defense (collectively "losses") arising directly or indirectly, in whole or in part, out of the activities or facilities described in the franchise, except, to the extent arising from or caused by the acts or omissions of the city, its council members, officers, employees, agents or contractors.

(b) The waiver by the city of any breach or violation of any provision of the franchise agreement or this chapter by franchisee shall not be deemed to be a waiver or a continuing waiver by the city of any subsequent breach or violation of the same or any other provision of the franchise agreement or this chapter by franchisee.

(c) Franchisee shall, as a condition of the franchise, agree to waive any and all claims, demands, causes of action, and rights it may assert against the city on account of any loss, damage, or injury to any radio or any loss or degradation of the services as a result of a sudden or gradual loss or change of electrical power caused by, among other, an act of God, an event or occurrence which is beyond the reasonable control of the city, a power outage, a lightning strike, or occasioned by the installation, maintenance, replacement or relocation of any city-owned facility to which such radio is attached.

(d) Subject to the California Government Code requirements for claims, the city may be responsible for the cost of repair to damaged radios arising from the city's negligent acts or omissions, and the city shall not be responsible for any damages, losses or liability of any kind occurring by reason of anything done or omitted to be done by any third party or arising from the issuance or approval by the city of a permit to any third party or any interruption in services.

(Ord. No. 96-16, § 2, 1-6-97)