Sec. 3.01. Indemnity.Grantee, and each person or entity performing work within a Public Right-of-Way as a contractor on behalf of Grantee, shall indemnify and hold City harmless as set forth below. If any person or entity other than Grantee is required to provide such indemnity, the provisions referring to a Grantee herein below shall be construed to mean such person or entity.

Sec. 3.02.Subject to Section 2.08, Grantee shall promptly defend, indemnify, and hold the City harmless (i) from and against all claims for damages, costs, losses, or expenses for the repair, replacement, or restoration of City's property, equipment, materials, structures, and facilities which are damaged, destroyed, or found to be defective as a result of Grantee's acts or omissions; and (ii) from and against any and all claims, demands, suits, causes of action, and judgments for (a) damage to or loss of the property of any person (including, but not limited to, Grantee, its agents, officers, employees, and subcontractors, and City, its agents, officers, and employees, and third parties); and/or (b) death or bodily injury of any person (including, but not limited to, the officers, agents, and employees of Grantee, Grantee's contractors, and City's officers, agents, and employees, and third parties), arising out of, incident to, concerning, or resulting from, the negligent or willful acts or omissions of the Grantee, its officers, agents, employees, and/or subcontractors, in the performance of activities pursuant to this Ordinance.

This indemnity provision is intended to include liability arising from City's alleged negligence, but only to the extent such liability arises out of a claim or claims that city was negligent in authorizing Grantee to use or occupy the Public Rights-of-Way, in regulating the conduct of Grantee, or in failing to prevent Grantee from acting in a negligent or wrongful manner.

For purposes of this indemnification provision, acts or omissions of the officers, agents, employees and contractors of Grantee shall be considered the acts and omissions of Grantee. The indemnity provision set forth above is solely for the benefit of City and Grantee and is not intended to create or grant any rights, contractual or otherwise, to any other person or entity.