§ 74.160. Indemnity.

(a)

To the extent authorized by law, each ROW user placing facilities in the public right-of-way shall agree to promptly defend, indemnify, and hold the city harmless from and against all damages, costs, losses, or expenses (i) for the repair, replacement or restoration of city's property, equipment, materials, structures, and facilities that are damaged, destroyed, or found to be defective as a result of the ROW user's acts or omissions, (ii) from and against any and all claims, demands, suits, causes of action, and judgments for (a) damage to or loss of the property of any ROW user (including, but not limited to, any person, its agents, officers, employees, and subcontractors, city's agents, officers, and employees, and third parties); and/or (b) death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to, the agents, officers, and employees of the person, person's subcontractors and city, and third parties), arising out of, incident to, concerning, or resulting from the negligent or willful act or omission of the ROW user, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this article.

(b)

A ROW user that is a certificated telecommunications provider as defined in Chapter 283 of the Texas Local Government Code, as amended, shall indemnify the city as provided in Section 283.057, Texas Local Government Code, as amended.

(c)

This indemnity provision shall not apply to any liability resulting from the negligence or willful misconduct of the city, its officers, employees, agents, contractors, or subcontractors.

(d)

The provisions of this indemnity are solely for the benefit of the city and are not intended to create or grant any right, contractual or otherwise, to any other person or entity.

(Ord. No. 2011-24, § 1, 5-17-11)