§ 10-31. Indemnification.

(a)

The licensee shall indemnify, defend and hold harmless the city (including its officers, agents and employees) from all suits (including attorney's fees and costs of litigation), actions, loss, damage, expense, costs or claims of any character or any nature, attributable to bodily injury, sickness, disease, death or injury to or destruction of tangible personal property, including loss of use resulting therefrom, caused by, arising out of or alleged to arise out of any negligent act, omission or work done by the licensee in fulfillment of the terms of its license or on account of any negligent act, omission, claim or amount giving rise to a recovery under worker's compensation law, or arising out of the failure of the licensee to conform to applicable and appropriate statutes, ordinances, regulations, laws, court decrees or professional standards. It is the intent of this chapter that the city shall be indemnified, defended and held harmless by a licensee even in those instances where it is alleged that the city was negligent, grossly negligent or at fault in reviewing, inspecting, accepting or approving the plans, specifications, work product or work provided, or performed, by the licensee. In all situations where a licensee is obligated to indemnify, defend and hold harmless the city, the licensee shall be responsible for primary loss investigation, defense and judgment costs.

(b)

The city shall cooperate with a licensee and reserves the right to participate in the defense of any claim or litigation to which the licensee's indemnification obligations apply.

(c)

The provisions of this chapter shall not be construed to impose any liabilities on the city not imposed by other law or to waive any immunities the city may have under federal or state law.

(d)

A licensee shall make no settlement in any matter identified in this section without the city's written consent, which the city shall not unreasonably withhold. Failure to inform the city of settlement shall constitute a breach of a license, and the city may seek any redress available to it against a licensee as set forth in this chapter or under any other federal, state or local laws.

(e)

This section shall be construed to provide for the indemnification of the city and those persons specified in subsection (a) by a licensee to the greatest extent permitted by law. All rights of the city pursuant to indemnification, insurance, the security fund or the construction bonds required by this chapter are in addition to all other rights the city may have under this chapter or any other law, rule or regulation.

(Ord. No. 2053, § 1, 12-8-98)