|
any Public Way; provided, however, this Section 6.2 shall not limit the City's rights to
<br />indemnification under Section 5.1 nor shall the City in any way be liable to the Company for
<br />claims arising from the negligence of any third parry.
<br />SECTION 5. INDEMNIFICATION.
<br />5.1. Indemnification. If at any time any claim of any kind is made against the
<br />City for injury to persons or property arising from the acts or failure to act by the Company,
<br />its agents, servants, or employees in connection with the operations of the Company under
<br />and pursuant to this Franchise, the Company shall fully indemnify, defend and hold
<br />harmless the City, its agents, servants or employees from any and all such claims, including,
<br />but not limited to, reimbursement of any reasonable attorneys' fees and costs and expenses
<br />the City may incur in handling, denying, or defending such claims. The Company's
<br />obligation to indemnify the City shall not extend to any injury to persons or property caused
<br />by the negligent act or failure to act by the City or any actions taken by the Company
<br />pursuant to directions of the City if performed within the scope of the City's directions
<br />without negligence by the Company. The City shall determine who will defend any such
<br />claims arising under this Section 5.1 and the Company will thereafter have complete control
<br />of such litigation; provided, however, the Company may not settle any such claims without
<br />the prior approval of the City, which approval will not be unreasonably withheld. This
<br />Section is not, as to third parties, a waiver of any defense or immunity otherwise available to
<br />the City; and the Company, in defending any action shall be entitled to assert every defense
<br />or immunity that the City could itself assert in its own behalf. The Company's obligations
<br />under this Section shall survive the expiration, amendment, or termination of this Ordinance.
<br />5.2. Insurance. Before the Effective Date, the Company shall furnish the City a
<br />summary of insurance, if any, carried by the Company, or of its self - insured status, in either
<br />case demonstrating adequate protection to the City from any and all obligations, liabilities,
<br />or claims of any nature whatsoever, growing out of the operation, construction, and
<br />maintenance of its Electric Facilities within the City. The Company shall maintain such
<br />insurance coverage at all times during this Franchise.
<br />5.3. Compliance with Laws; Hazardous Substances. In its operation under
<br />this Ordinance, the Company shall observe all federal, state and local laws, rules, regulations
<br />and orders with respect to the transmission, distribution, transformation or furnishing of
<br />electric energy and the handling of materials, substances and wastes deemed toxic or
<br />hazardous to health, natural resources or the environment (collectively, "Hazardous
<br />Substances "). The Company shall remove or remediate any Hazardous Substances located
<br />on, in or surrounding its Electric Facilities or caused to be located on, in or surrounding the
<br />Public Ways and Public Grounds or elsewhere in the City in compliance with all applicable
<br />laws, regulations and lawful government orders, and pay or cause to be paid all costs
<br />associated therewith. The indemnification terms and conditions of Section 5.1 shall apply to
<br />all claims made against the City by any Person, including any governmental agency, who or
<br />which asserts any right to costs, damages or other relief based upon the terms and conditions
<br />imposed upon the Company under this Section 5.3 or which arise from or are related to the
<br />
|