Sec. 6.01.Indemnity. The Grantee, and each person or entity performing work within a public right-of-way as a contractor on behalf of the Grantee, shall indemnify and hold the City harmless as set forth below. If any person or entity other than the Grantee is required to provide such indemnity, the provisions referring to a Grantee herein below shall be construed to mean such person or entity.

The Grantee shall promptly defend, indemnify, and hold the City harmless from and against all damages, costs, losses, or expenses (i) for the repair, replacement, or restoration of the City's property, equipment, materials, structures, and facilities which are damaged, destroyed, or found to be defective as a result of the 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, the Grantee, its agents, officers, employees, and subcontractors, and the City, its agents, officers, and employees, and third parties); and/or (b) death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to, the officers, agents, and employees of the Grantee, the Grantee's contractors, and the 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 the City's alleged negligence, but only to the extent such liability arises out of a claim or claims that the City was negligent in authorizing the Grantee to use or occupy the public rights-of-way, in regulating the conduct of the Grantee, or in failing to prevent the Grantee from acting in a negligent or wrongful manner.

For purposes of this indemnification provision, acts or omissions of the officer, agents, employees and contractors of the Grantee shall be considered the acts and omissions of the Grantee.

The indemnity provision set forth above is solely for the benefit of the City and the Grantee and is not intended to create or grant any rights, contractual or otherwise, to any other person or entity.