§ 5. Indemnity and Hold Harmless  


Latest version.
  • KINNET 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 KINNET in any manner, solely or in part by KINNET'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 KINNET, then upon notice by the City to KINNET, KINNET will assume liability for the defense of such actions at the cost of KINNET, subject to the option of the City to appear and defend, at its own cost, any such case.