By accepting a permit, the facilities owner or owners, jointly and severally, agree
to indemnify, and hold the city, its elected officials, agents and employees, harmless
from all costs, liabilities, and claims for damages of any kind (including reasonable
attorneys' fees) arising out of the construction, presence, installation, maintenance,
repair or operation of its facilities, whether any act or omission complained of is
authorized, allowed, or prohibited by a permit. The facilities owner or owners further
agree 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, its elected officials,
agents or employees for any claim nor for any award arising out of the presence, installation,
maintenance or operation of the facilities, whether the act or omission complained
of is authorized, allowed or prohibited by a permit. The foregoing does not indemnify
the city for its own negligence. This section is not, as to third parties, a waiver
of any defense or immunity otherwise available to the facilities owner or to the city;
and the facilities owner, 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.
