§ 12.24.460. Permittee indemnification of city and city employees.

A.

The permittee of any permit issued hereunder shall indemnify, save and hold harmless, the city and any officers and employees thereof, against and from all damages, judgments, decrees, costs and expenditures which the city, or such officer or employee, may suffer, or which may be recovered from, or obtainable against the city, or such officer or employee, for, or by reason of, or growing out of or resulting from the exercising by the permittee of any or all of the rights or privileges authorized by the permit, or by reason of any act or acts of the permittee or its servants or agents, in exercising said authorization; provided, however, that the permittee shall have the right at its option to defend any suit that may be instituted against the city, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by the grantee of any or all of the rights or privileges authorized by the permit, or by reason of any act or acts of the permittee, or its servants or agents, in exercising said authorization.

B.

In the event the city, or any officer or employee thereof, suffers any damage, or any person makes claim against the city, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by the permittee of any or all of the rights or privileges authorized by the permit, or by reason of any act or acts of the grantee, or its servants or agents, in exercising said authorization, the city, or such officers or employees thereof, must give written notice thereof to the permittee as soon as practicable but not less than 5 days thereafter. In estimating the 5 days above mentioned the 1st day shall be excluded and the last day included. Failure to give such notice shall not affect the liability of the permittee under subsection A of this section.

(Ord. 3387 § 42, 1937)