§ 9. Indemnification.  


Latest version.
  • The parties hereto specifically agree and understand that the award of this franchise to grantee and all terms, promises, covenants, conditions and obligations contained in this franchise are sufficient consideration for the indemnification provisions contained herein, in accordance with section 725.06, Florida Statutes (1986).

    For and in consideration of the sum of twenty-five dollars ($25.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, and in consideration of the award of this franchise to grantee, grantee shall indemnify city as follows:

    The grantee shall indemnify, hold harmless and defend the city, its officers, agents and employees, against, and assume all liability for, any and all claims, suits, actions, damages, liabilities, expenditures, or causes of action of any kind arising from this franchise and/or arising from the construction, operation and maintenance of a gas utility system and related facilities and/or the use of the public streets for the purposes authorized herein and resulting or accruing from any negligence, act, omission or error of the grantee, its agents or employees or arising from the failure of the grantee, its agents or employees to comply with each and every covenant of the franchise or with any other ordinance or law regulating the use of the streets of the city resulting in or relating to, bodily injury, loss of life or limb or damage to property sustained by any person, firm, corporation or other business entity. Grantee shall save the city, its officers, agents and employees harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. Grantee shall defend, at its sole cost and expense any legal action, claim or proceeding instituted by any person against the city, its officers, agents and employees as a result of any claim, suit or cause of action accruing from this franchise, for injuries to body, life, limb or property as set forth above.