§ 15-32. Indemnification.

(a) In general.

By accepting a street-cut permit, the permittee agrees, for and on behalf of itself and, if different, the owner and operator of the facilities, and their respective successors and assigns, to indemnify, defend, protect, and hold harmless the City, its officers, agents, and employees, from and against all claims, actions, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, suits, fees, and attorneys' fees allegedly arising directly or indirectly from any act, omission, or negligence of the permitee, owner, or operator, their subcontractors, or the officers, agents, or employees of any of them relating to the permit or the activities authorized by the permit.

(b) Obligation to defend.

Each permittee, owner, and operator has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within this indemnity obligation, even if the allegations are groundless, false, or fraudulent.

(c) Action by City.

The City has a cause of action for indemnity against each permittee, owner, and operator for any costs the City may incur with respect to the permit, except for claims resulting directly from the negligence or willful misconduct of the City.

(d) Indemnity survives permit, etc.

This indemnity obligation survives expiration of the permit and completion of the work authorized by it.