Franchisee shall, at its sole expense, fully indemnify, defend and hold harmless the city, and in its capacity as such, the officers and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damage or otherwise (except those arising wholly from the negligence or willful misconduct of the city or its employees): (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 franchisee or its officers, agents, employees, or contractors of any tier and whether or not such acts or omissions were authorized or contemplated by the franchise or applicable law; and/or (B) arising out of or alleged to arise out of any failure by franchisee or its officers, agents, employees or contractors of any tier to comply with the provisions of any statute, regulation or applicable policy of the United States, state of Washington or any local agency applicable to such person in its business. Nothing herein shall be deemed to prevent the city, its officers, or its employees from participating in the defense of any litigation by their own counsel at such parties’ expense. Such participation shall not under any circumstances relieve franchisee from its duty of defense against liability or of paying any judgment entered against the city, its officers, or its employees. [Ord. 2018-09-015 § 1].