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damage to property,or loss of service claims by parities other than the registrant or the City;
<br /> . or (b) for claims or penalties of any sort resulting from, the installation, presence,
<br /> maintenance, or operation of equipment be registrants or activities of registrants.
<br /> Subd. 2. Indemnification. By registering with the City, a registrant agrees,or by accepting
<br /> a permit under this.Chapter, a permit holder is required to defend, indemnify, and hold the
<br /> City 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 operation of its
<br /> equipment, or out of any activity undertaken in or near a right-of-way, whether or not any
<br /> act or omission complained of its authorized, allowed, or prohibited by a right-of-way
<br /> permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or
<br /> other proceeding claiming damages,or seeking any other relief against the City for any claim
<br /> nor for any award arising out of the presence, installation, maintenance or operation of its
<br /> equipment, or any activity undertaken in or near a right-of-way, whether or not the act or
<br /> omission complained of its authorized, allowed or prohibited by right-of-way permit. The
<br /> foregoing does not indemnify the City for its own negligence except for the claims arising
<br /> out of or alleging the City's negligence where such negligence arises out of or is primarily
<br /> related to the presence, installation, construction. operation, maintenance or repair of said
<br /> equipment by the registrant or on the registrant's behalf, including, but not limited to, the
<br /> insurance of permits and inspection of plans or work. This Section is not,as to third parties,
<br /> a wavier of 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 asset in any
<br /> . action every, defense or•immunity that the.City could asset in.its own behalf.
<br /> Section 1165.31. Future Uses. In placing any equipment,or allowing it to be placed,int he right-of-
<br /> way the City is not liable for any damages caused thereby to any registrant's equipment which is
<br /> already in place. No registrant is entitled to rely on the provisions of this Chapter, and no special
<br /> duty is created as to registrant. This Chapter is enacted to protect the general health, welfare and
<br /> safety of the public at large.
<br /> Section 1165.32. Abandoned and Unusable Equipment.
<br /> Subd. 1. Discontinued Operations. A registrant who has determined to discontinue its
<br /> operations with respect to any equipment in any right-of-way,or segment or portion thereof,
<br /> in the City must either:
<br /> (a) provide information satisfactory to the City that the registrant's obligations
<br /> for its equipment in the right-of-way under this Chapter have been lawfully
<br /> assumed by either registrant; or
<br /> (b) submit to the City a proposal and instruments for transferring ownership of
<br /> its equipment to the City. If a registrant proceeds under this clause, the City
<br /> may, at its option:
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