§ 6. Indemnification.  

Latest version.
  • 6.1. Indemnity of City. If any claim is made against the City for injury to persons or property from the acts or failure to act by the Company, its agents, officials, or employees arising out of the construction, maintenance, repair, inspection, the issuance of permits, or the operation of Electric Facilities under and pursuant to this Franchise, the Company shall fully indemnify, keep, and hold free and harmless from any and all liability the City from any and all such claims. The City shall not be indemnified for that portion of any losses or claims arising from its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits, inspections, or supervision under this Franchise.

    6.2. 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-086, § 1, 10-17-14, eff. 1-1-15)