A. Anyone accepting permits under the terms of this chapter shall agree to release, covenant not to bring suit, and agree to indemnify, defend and hold harmless the city, its officers, employees, agents, and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by the public utility’s own employees for which the public utility might otherwise be immune under RCW Title 51, for injury or death of any person or damage to property caused by or arising out of the acts or omissions of the public utility, its agents, servants, officers, or employees in the performance of any permit granted under this chapter, and any rights granted hereunder. Inspection or acceptance by the city of any work performed by a public utility during or at the time of completion of construction shall not be grounds for avoidance by the public utility of any of its obligations under this agreement. Such indemnification obligation shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. It shall be further specifically and expressly understood that the indemnification provision provided herein constitutes the public utility’s waiver of immunity under RCW Title 51, solely for the purposes of this indemnification, and it shall further provide that this waiver has been mutually negotiated by the parties. Such indemnity agreement is required until the facilities or any other appurtenances are removed from the public right-of-way, or, until the city furnishes a written release of the requirement to the public utility.

B. In addition, the city may require that anyone accepting such a permit provide the city with additional indemnification, such as an indemnification from a parent company, and/or the city may require that the permittee provide proof of insurance acceptable to the city which covers potential exposure to the city.

C. The indemnification provided for herein does not apply to injuries to persons or damage to property caused by or resulting from the sole negligence of the city, its agents or employees. (Ord. 1696 § 1, 1997).