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B. If the vacation requires the relocation of registrant or permittee equipment and if
<br />the vacation proceedings are initiated by the registrant or permittee, the registrant
<br />or permittee must pay the relocation costs; or if the vacation proceedings are
<br />initiated by the City, the registrant or permittee must pay the relocation costs
<br />unless otherwise agreed to by the City and the registrant or permittee; or if the
<br />vacation proceedings are initiated by a person or persons other than the registrant
<br />or permittee, such other person or persons must pay the relocation costs.
<br />2302.300. INDEMNIFICATION AND LIABILITY.
<br />A. By reason of the acceptance of a registration or the grant of a right -of -way permit,
<br />the City does not assume any Liability for injuries to persons, damage to property,
<br />or loss of service claims by parties other than the registrant or the City, or for
<br />claims or penalties of any sort resulting from the installation, presence,
<br />maintenance, or operation of equipment by registrants or activities of registrants.
<br />B. By registering with the City, a registrant agrees, or by accepting a permit under
<br />this Chapter, a permittee is required to defend, indemnify, and hold the City
<br />whole and harmless from all costs, liabilities, and claims for damages of any kind
<br />arising out of the construction, presence, installation, maintenance, repair or
<br />operation of its equipment, or out of any activity undertaken in or near a right -of-
<br />way, whether or not any act or omission complained of is authorized, allowed, or
<br />prohibited by a right -of -way permit. It further agrees that it will not bring, nor
<br />cause to be brought, any action, suit or other proceeding claiming damages, or
<br />seeking any other relief against the City for any claim nor for any award arising
<br />out of the presence, installation, maintenance, or operation of its equipment, or
<br />any activity undertaken in or near a right -of -way, whether or not the act or
<br />omission complained of is authorized, allowed or prohibited by a right -of -way
<br />permit. The foregoing does not indemnify the City for its own negligence except
<br />for claims arising out of or alleging the City's negligence where such negligence
<br />arises out of or is primarily related to the presence, installation, construction,
<br />operation, maintenance or repair of said equipment by the registrant or on the
<br />registrant's behalf, including, but not limited to, the issuance of permits and
<br />inspection of plans or work. This section is not, as to third parties, a waiver of
<br />any defense or immunity otherwise available to the registrant or to the City; and
<br />the registrant, in defending any action on behalf of the City, shall be entitled to
<br />assert in any action every defense or immunity that the City could assert in its
<br />own behalf.
<br />2302.310. FUTURE USES. In placing any equipment, or allowing it to be placed, in the
<br />right -of -way, the City is not liable for any damages caused thereby to any registrant's equipment
<br />which is already in place. No registrant is entitled to rely on the provisions of this Chapter, and
<br />no special duty is created as to any registrant. This Chapter is enacted to protect the general
<br />health, welfare, and safety of the public at large.
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