It is expressly understood and agreed by and between the company and the city that
each, as an indemnifying party, shall hold the other, as an indemnified party, harmless
from all loss sustained by the indemnified party, on account of any suit, judgment,
execution, claim or demand whatsoever, resulting from negligence on the part of the
indemnifying party in the construction, operation, or maintenance of the system in
the city. In the event any claim or action is brought against the city for which the
company might be liable as an indemnifying party under this section, the city shall
promptly give notice to the company of such claim or action and a description of the
source and nature thereof. Failure to promptly give such notice shall relieve the
company of any liability thereunder with respect to the claim or action of which such
notice was not properly given. Upon timely notice of any claim or action within the
scope of this section, the company shall have the right (but not the obligation) to
negotiate a settlement or compromise (any such settlement or compromise being subject
to the approval of the indemnified party, which approval shall not be unreasonably
withheld) of any such claim or action, or to defend actions instituted at the sole
cost and expense of the company.
(
Ord. No. 2015-42
, § 7, 11-17-2015)
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