Athens City Code

1. (1) Each right-of-way occupant and permittee shall, at its sole cost and expense, indemnify, hold harmless, and defend the city, its elected and appointed officials, officers, boards, commissions, commissioners, agents, employees, and volunteers against any and all claims, suits, causes of action (whether frivolous or otherwise), proceedings, and judgments for damages or equitable relief arising out of the installation, construction, maintenance, or operation of facilities by the right-of-way occupant or permittee; the conduct of the right-of-way occupant's business in the city; or in any way arising out of the right-of-way occupant's enjoyment or exercise of the privileges granted by the city or applicable law, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by the city, other applicable law, or the terms of any grant to occupy the right-of-way.
2. (2) Each right-of-way occupant and permittee shall indemnify and hold harmless the city and its elected and appointed officers, officials, boards, commissions, commissioners, employees, agents, and volunteers from and against any and all claims, demands, suits, or causes of action (whether frivolous or otherwise) of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees sustained by the city arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the right-of-way occupant or permittee, or its agents, independent contractors, or employees related to or in any way arising out of the construction, operation or repair of the facilities in question.
3. (3) The indemnity provision of this section includes, but is not limited to, the city's reasonable attorneys' fees incurred in defending against any such action, claim, suit (whether frivolous or otherwise), or proceeding, as well as the reasonable value of any services rendered by the city attorney, or city staff or employees.
4. (4) Nothing in this chapter shall be construed to waive any immunity the city enjoys under applicable law or constitution.
5. (5) Acceptance of the provisions of this section shall be a condition of all rights to occupy city rights-of-way or to obtain a rights-of-way construction permit.

(Code 1995, § 16-214; Ord. No. 906, 2-18-2003)