§ 5. Indemnification.  


Latest version.
  • 5.1. Indemnification. The Company will defend, indemnify, and hold harmless the City from all liability or claims of liability for bodily injury or death to persons, or for property damage, in which the claim alleges a negligent, wrongful act or omission of the Company or its employees, agents, or independent contractors in installing, maintaining, operating, or repairing the Company's facilities; and alleges that the City is liable, without alleging any independent negligent, wrongful, act or omission on the part of the City. Further, the Company will defend, indemnify, and hold harmless the City from all liability or claims of liability for bodily injury or death to persons, or for property damage, in which the claim is based on the City's negligent, wrongful act or omission in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition, or purpose of the permit granted to the Company. However, the Company is not required to indemnify the City for losses or claims occasioned by the negligent or otherwise wrongful act or omission of the City.

    5.2. Defense of City. In the event that the Company must indemnify the City against a claim, the Company at its sole cost and expense shall defend the City against such claim if the City provides written notice to the Company within a reasonable period wherein Company is not prejudiced by the lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, including selection of defense counsel. Company agrees, however, to consult in good faith with the City as to who will defend such claim. Company may not settle such claim without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any claim on behalf of the City, shall be entitled to assert every defense or immunity that the City could assert in its own behalf.

(2014-Or-083, § 1, 10-17-14, eff. 1-1-15)