§ 12. Indemnification; insurance.

The company shall indemnify and save the city whole and harmless from any and all claims for injury or damage to persons or property occasioned by or arising out of the construction, maintenance, operation or repair of said transmission and distribution system or by the conduct of the company's business in the city. The foregoing does not indemnify the city for its own negligence, except for claims arising out of or alleging the city's negligence where such negligence arises out of or is primarily related to the construction, operation, maintenance or repair of said system, including, but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the company; and the company, 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.

Throughout the term of this franchise the company shall be fully insured as required by state law and/or by public utilities commission rules and regulations.

(C.F. No. 06-595, § 12, 7-26-06)