§ 13. Indemnification.

(A)

The company shall fully indemnify, defend and save harmless the city, its officers, boards, commissions, committees, employees and agents from any and all claims, suits, actions, liability and judgments for damages, including, but not limited to, expenses for reasonable legal fees and disbursements assumed by the city in connection therewith:

(1)

For injury or death to any person or persons or damage to property arising from or in connection with the acts of the company, its officers, agents or employees in the construction, operation, maintenance, location, placement or removal of any advertising display fixture or other facility of the company;

(2)

Arising out of placement or display of any advertisements, notices, signs or posters on any advertising display fixtures; or

(3)

Arising out of the franchise of any other right or privilege under the franchise.

(B)

In the event that suit is brought or that damages or other recourse shall be sought against the city or the HRA, either independently or jointly with the company on account of or arising out of any injury, death, property damage or activity of the company referred to in subparagraph (A) of this section, the company, upon notice by the city or HRA, shall defend the city and HRA in such suit or action at the cost of the company, and in the event of final judgment being obtained against the city, either independently or jointly with the company, the company shall indemnify the city and pay such judgment with all costs and hold the city harmless therefrom. The company shall pay all expenses incurred by the city in defending itself with regard to all damages and liability referred to in this section. Nothing herein shall be deemed to prevent the city from participating in the defense of any litigation by its own counsel at its own sole cost and expense.

(Ord. No. 17644, § 13, 3-30-89)