Laserfiche WebLink
SECTION 6 . INDEMNIFICATION. <br /> 6 . 1. Hold Harmless. The Company shall indemnify, keep and <br /> hold the City free and harmless from any and all liability on <br /> account of injury to persons or damage to property occasioned by <br /> the construction, maintenance, repair, inspection, the issuance of <br /> permits, or the operation of the Electric Facilities located in the <br /> City. The City shall not be indemnified for losses or claims <br /> occasioned through its own negligence except for losses or claims <br /> arising out of or alleging the City' s negligence as to the issuance <br /> of permits for, or inspection of, the Company's plans or work. The <br /> City shall not be indemnified if the injury or damage results from <br /> the performance in a proper manner of acts reasonably deemed <br /> hazardous b Com•an and such •erformance is nevertheless ordered <br /> or directed by City after notice of Company' s determination. <br /> 6 .2 . Litigation. In the event a suit is brought against the <br /> City under circumstances where this agreement to indemnify applies, <br /> the Company at its sole cost and expense shall defend the City in <br /> such suit if written notice thereof is promptly given to the <br /> Company within a period wherein the Company is not prejudiced in <br /> defense of the claim by lack of such notice. If the Company is <br /> required to indemnify and defend, it will thereafter have control <br /> of such litigation, but the Company shall not settle such litiga- <br /> tion without the consent of the City, which consent shall not be <br /> unreasonably withheld. This section is not, as to third parties, <br /> a waiver of any defense or immunity otherwise available to the <br /> City. The Company, in defending any action on behalf of the City <br /> shall be entitled to assert in any action every defense or immunity <br /> that the City could assert in its own behalf. <br /> SECTION 7 . CHANGE IN FORM OF GOVERNMENT. <br /> Any change in the form of government of the City shall not <br /> affect the validity of this Ordinance. Any governmental unit <br /> succeeding the City shall, without the consent of the Company, <br /> succeed to all of the rights and obligations of the City provided <br /> in this Ordinance. <br /> SECTION 8. SEVERABILITY. <br /> If any portion of this franchise is found to be invalid for <br /> any reason whatsoever, the validity of the remainder shall not be <br /> affected. <br /> SECTION 9 . PREVIOUS FRANCHISES SUPERSEDED. <br /> This franchise supersedes any previous electric franchise <br /> granted to the Company or its predecessor. <br /> SECTION 10. NO WAIVER. <br /> Failure to enforce any of these provisions shall not be deemed <br /> a waiver of any provision of this franchise. <br /> JMS39308 <br /> MU125-11 6 <br />