6.17.160 Indemnification against claims and actions.
A. Company shall, at its sole cost and expense, fully indemnify, defend and hold harmless the city, its officers, and the city employees against any and all claims, suits, actions, liability and judgments for damages or other relief (including but not limited to expenses for reasonable legal fees and disbursements and liabilities) assumed by the city in connection with its regulation of the company and by virtue of its grant of the franchise.
1. To persons or property, in any way arising out of or through the acts or omissions of company, its servants, agents or employees, or to which company’s negligence shall in any way contribute; or
2. Arising out of any claim for invasion of the right of privacy, for 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 (excluding claims arising out of or relating to city programming); or
3. Arising out of company’s failure to comply with the provisions of any federal, state, or local statute, ordinance or regulation applicable to company in its business hereunder.
B. The foregoing indemnity is conditioned upon the following: The city shall give company reasonable notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the city from cooperating with company and participating in the defense of any litigation by its own counsel at its sole cost and expense. No recovery by the city of any sum by reason of the letter of credit required in BMC 6.17.130 shall be any limitation upon the liability of the company to the city under the terms of this section. Any sum drawn upon the letter of credit and received by the city shall be deducted from any recovery which the city might have against the company under the terms of this section; provided, that such a deduction is based upon the same incident for which the city seeks damages. [Ord. 1998-09-075; Ord. 8999 § 16, 1981].