§ 15. Indemnification  

Latest version.
  • (a) The Company shall fully indemnify, defend and save harmless the City, its officers, boards, commissions and employees from any and all claims, suits, actions, liability and judgments for damages (including but not limited to expenses for reasonable legal fees and disbursements assumed by the City in connection therewith):

    (1) For injury or death to any person or persons or damage to property arising from or in connection with the acts of the Company, its officers, agents or employees in the construction, operation, maintenance, location, placement or removal of any bus stop shelter or other facility of the Company;

    (2) Arising out of the placement or display of any advertisements, notices, signs or posters on any shelter; or

    (3) Arising out of the exercise of any other right or privilege under the franchise.

    (b) In the event that suit is brought or that damages or other recourse shall be sought against the City, either independently or jointly with the Company on account of or arising out of any injury, death, property damage or activity of the Company referred to in subparagraph (a) of this section, the Company, upon notice by the City, shall defend the City in such suit or action at the cost of the Company, and in the event of final judgment being obtained against the City, either independently or jointly with the Company, the Company shall indemnify the City and pay such judgment with all costs and hold the City harmless therefrom. The Company shall pay all expenses incurred by the City in defending itself with regard to all damages and liability referred to in this section. Nothing herein shall be deemed to prevent the City from participating in the defense of any litigation by its own counsel at its own sole cost and expense. (2010-Or-043, § 1, 4-16-10)