No franchise shall be granted pursuant to this chapter unless it contains language requiring the franchisee to indemnify, defend, and hold harmless the city from any and all liabilities, fees, costs and damages, except gross negligence and/or willful misconduct of the city, caused by reason of the construction, operation, maintenance, repair and alteration of a franchisee’s facilities or any other actions of a franchisee in the city of Bothell. The indemnification language required by this section shall specifically provide that a franchisee will indemnify, defend, and hold harmless the city from claims against the city: (1) by the franchisee’s employees; (2) based upon the city’s ownership or control of the public rights-of-way; and (3) based upon the city’s inspection or lack of inspection of the franchisee’s facilities. In addition, each franchise granted pursuant to this chapter shall contain language requiring the franchisee to assume the risk of damage to its facilities by city activities, except in the case of gross negligence or willful or malicious action on the part of the city. (Ord. 1708 § 1, 1997).