§ 5. Indemnity and hold harmless.  

Latest version.
  • WTG shall hold and save the City, its officers, employees, agents, and authorized contractors on public improvements, harmless from and against all claims, damages, expense, liability, and costs including attorney fees, which may be occasioned by WTG in any manner, solely or in part by WTG's occupancy of right-of-way, except to the extent otherwise specified in paragraph 3(h). In the event a claim shall be made or an action shall be instituted against the City growing out of such occupancy of the right-of-way by facilities of WTG, then upon notice by the City to WTG, WTG will assume liability for the defense of such actions at the cost of WTG, subject to the option of the City to appear and defend, at its own cost, any such case.