(A) The grantee agrees to indemnify, hold harmless, and defend the government from any and all losses or claims of whatever kind that arise from or are alleged to have arisen, directly or indirectly, in whole or in part from the execution, performance or breach of this franchise by the grantee, its employees, agents, servants, owners, principals, contractors and subcontractors. This indemnity agreement shall in no way be limited by any financial responsibility, insurance, or loss control requirements below and shall survive forever.
(B) For purposes of this indemnity provision:
(1) The word "defend" includes, but is not limited to, investigating, handling, responding to, resisting, providing a defense for, and defending claims, at grantee's expense. The grantee shall consult with the government regarding the defense of all claims against the government, which shall include consultation regarding the choice of attorneys.(2) The word "claims" includes, but is not limited to, claims, demands, liens, suits, notices of violation from governmental agencies and other causes of action of whatever kind.
(3) The word "losses" includes, but is not limited to: attorneys' fees and expenses; costs of litigation; court or administrative agency costs; judgments; fines; penalties; interest, all environmental cleanup and redemption costs of whatever kind; and any liability arising from death, injury or damage of any kind to any person, including employees and agents of grantee, its servants, owners, principals, contractors and subcontractors or the government, and damage to or destruction of any property, including the property of the government.
(Ord. 940.7A, passed - - )
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