§ 7. Indemnity and Hold Harmless.  


Latest version.
  • (a) It shall be the responsibility of Kansas Fiber Network, L.L.C. to take adequate measures to protect and defend its Facilities in the Public Right-of-Way from harm or damage. If Kansas Fiber Network, L.L.C. fails to accurately or timely locate Facilities when requested, it has no claim for costs or damages against the City and its authorized contractors unless such party is responsible for the harm or damage by its negligence or intentional conduct. The City and its authorized contractors shall be responsible to take reasonable precautionary measures including calling for utility locations and observing marker posts when working near Kansas Fiber Network, L.L.C. Facilities.

    (b)

    Kansas Fiber Network, L.L.C. shall indemnify and hold the City and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney fees and costs of defense), proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury (including death), property damage or other harm for which recovery of damages is sought, to the extent that it is found by a court of competent jurisdiction to be caused by the negligence of the provider, any agent, officer, director, representative, employee, affiliate or subcontractor of the provider, or their respective officers, agents, employees, directors or representatives, while installing, repairing or maintaining facilities in a Public Right-of-way. The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the City, its officers, employees, contractors or subcontractors. If Kansas Fiber Network, L.L.C., and the City are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the City under state law and without waiving any defenses of the parties under state or federal law. This section is solely for the benefit of the City and Kansas Fiber Network, L.L.C., and does not create or grant any rights, contractual or otherwise, to any other person or entity. Kansas Fiber Network, L.L.C. or the City shall promptly advise the other in writing of any known claim or demand against Kansas Fiber Network, L.L.C. or the City related to or arising out of the Kansas Fiber Network, L.L.C. activities in a Public Right-of-way.