§ 17-7-2 Indemnification by licensee.
(A) Each licensee shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in their capacity as such, the officers, agents and employees thereof, for, from and against any and all claims, suits, actions, liability and judgments for damages or otherwise and for the City’s reasonable attorney fees incurred in connection therewith:
(1) For actual or alleged injury to persons or property, including loss of use of property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of the licensee or its officers, agents, employees or contractors;
(2) Arising out of or alleged to arise out of any claim for damages for invasion of the right of privacy, defamation of any person, firm or corporation or the violation or infringement of any copyright, trademark, trade name, service make or patent attributable to the acts or omissions of licensee or its officers, agents, employees or contractors; and
(3) Arising out of or alleged to arise out of licensee’s failure to comply with the provisions of any statute, regulation or chapter of the United States, State of Arizona or any local agency applicable to the licensee in its business.
(B) Nothing herein shall be deemed to prevent the City from participating in the defense of any litigation by its own counsel at the City’s sole expense. Such participation shall not under any circumstances relieve the licensee from its duty of defense against liability or of paying any judgment entered against such party; provided, however, that licensee shall have no obligation or liability for paying any settlement made by the City without first consulting with licensee on the terms and conditions of the settlement. The licensee shall promptly undertake the defense, at its own expense, of any matter for which this indemnity is established upon written request of the City. (Ord. 19-1458, passed 12-2-19)