An agreement to indemnify, defend and save harmless the Village, its elected officials, officers, employees and agents from and against any claim, loss, liability or damage, including reasonable attorneys' fees, resulting from bodily injury, including death and property damage, sustained by any person as a result of a permittee's operation of a sidewalk cafe on public property. This provision shall take effect by operation of law, notwithstanding failure of the permittee to provide said written agreement.