SECTION 5 . - Indemnification.  


Latest version.
  • (a) It shall be the responsibility of Level 3 to take adequate measures to protect and defend its Facilities in the Public Rights of Way from harm or damage. If Level 3 fails to accurately or timely locate its Facilities, when requested, in accordance with the Kansas Underground Utility Damage Prevention Act, K.S.A. 66-1801 et seq., then it has no claim for costs or damages against the City or its authorized Contractors, except to the extent such harm or damage is caused by such party's negligence or intentional conduct.

    (b)

    Level 3, and any successor or assign, agrees to indemnify, defend, save, and hold harmless the City, its officers, agents, employees, grantees, and assigns, from and against all claims, actions, liabilities, damages, costs, expenses, and judgments, including reasonable attorneys' fees, on account of any injury to persons (including death) or damage to property to the extent caused by Level 3's activities in the Public Rights of Way under the terms of this Franchise Agreement. This indemnification clause shall not apply to any injury or damage caused by the City's own negligence or intentional conduct or that of its employees, agents, or Contractors. This indemnity provision shall extend beyond the termination or expiration of this Franchise Agreement.

    (c)

    The City and Level 3 shall promptly advise the other in writing of any known claim or demand against Level 3 or the City related to or arising out of the Level 3's activities in the Public Rights of Way.