§ 4.40.140. Indemnification

Each operator shall, at its sole expense, fully indemnify, defend and hold harmless the city, its officers, agents and employees from and against any and all claims, suits, actions, liability and judgments for damages or otherwise:

A.

For actual or alleged injury to persons or property, including loss of use of property due to an occurrence , whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of the operator or its officers, agents, employees, or contractors or to which the operator or its officers, agents, employees or contractors acts or omissions in any way contribute:

B.

Arising out of or alleged to arise out of any claim for damages for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation; and

C.

Arising out of or alleged to arise out of operator's failure to comply with the provisions of any statute, regulation or ordinance of the United States, state or any local agency applicable to the operator in the operation of the franchise.

Nothing herein shall be deemed to prevent the parties indemnified and held harmless herein from participating in the defense of any litigation by their own counsel at the operator's sole expense. Such participation shall not under any circumstances relieve the operator from its duty of defense against liability or of paying any judgment entered against such party.

(Ord. No. 286)