§ 429.150. Indemnification and liability.

By reason of the acceptance of a registration or the grant of a right-of-way permit, the city does not assume any liability:

(1)

For injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the city; or

(2)

For claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment or facilities by registrants or activities of registrants.

By accepting a permit under Chapters 429 and 430, a registrant is required to defend, indemnify, and hold the city whole and harmless from liability or claims of liability for both bodily injury or death to persons, or for property damage, in which the claim:

(1)

Alleges a negligent or otherwise wrongful act or omission of the registrant or its employee, agent or independent contractor in installing, maintaining, or repairing its equipment or facilities, and alleges that the city is liable, without alleging any independent negligent, or otherwise wrongful act omission on the part of the city; or

(2)

Is based on the city's neglect or otherwise 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 registrant.

The registrant further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the city for any claim nor for any award arising out of the presence, installation, maintenance or operation of its or facilities, or any activity undertaken in a public right-of-way, whether or not the act or omission complained of is authorized, allowed or prohibited by a right-of-way permit.

The foregoing does not indemnify the city for its own negligence except for losses or claims occasioned by the negligent or otherwise wrongful act or omission of the city to the extent authorized in part (2) of this section regarding the issuance of a permit or the inspection or enforcement of compliance with the permit, or when otherwise provided in an applicable franchise agreement.

This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the city; and the registrant, in defending any action on behalf of the city, shall be entitled to assert in any action every defense or immunity that the city could assert in its own behalf. (96-Or-126, § 1, 11-22-96; 97-Or-068, § 9, 8-8-97; 2000-Or-025, § 15, 4-21-00)