Sec. 20-2-21. Liability.

The permittee shall be responsible for all claims and liabilities rising out of work performed pursuant to the encroachment permit, or arising out of the permittee’s and his/her agent’s failure to perform any of the requirements of this chapter. The permittee shall, and by acceptance of the permit agrees to, indemnify, hold harmless, and defend the city, its officers, employees and agents from and against any and all suits, claims demands, charges or other actions, including attorney’s fees and expenses of litigation brought by any person for death, bodily injury and/or property damage and/or other injury or damage sustained in or arising out of any construction or work or other use authorized by the permit issued pursuant to this article or in consequence of permittee’s or his/her agent’s failure to perform the obligations regarding construction, work or other use in the right-of-way as required by law or to provide all public safety facilities required by this article. This hold harmless obligation shall not terminate during the life of this permit. (Ord. No. 1201, § 2 (part).)