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A. If the City vacates a Right-of-Way which contains the equipment of a
<br /> registrant, and if the vacation does not require the relocation of registrant or
<br /> permittee equipment, the City shall reserve, to and for itself and all registrants
<br /> having equipment in the vacated Right-of-Way, the right to install, maintain
<br /> and operate any equipment in the vacated Right-of-Way and to enter upon
<br /> such Right-of-Way at any time for the purpose of reconstructing, inspecting,
<br /> maintaining or repairing the same.
<br /> B. If the vacation requires the relocation of registrant or permittee equipment
<br /> and: (1) if the vacation proceedings are initiated by the registrant or permittee,
<br /> the registrant or permittee must pay the relocation costs; or (2) if the vacation
<br /> proceedings are initiated by the City, the registrant or permittee must pay the
<br /> relocation costs unless otherwise agreed to by the City and the registrant or
<br /> permittee; or (3) if the vacation proceedings are initiated by a person or
<br /> persons other than the registrant or permittee, such other person or persons
<br /> must pay the relocation costs.
<br /> 360.3.28 Indemnification and Liability
<br /> A. By reason of the acceptance of a registration or the grant of a Right-of-Way
<br /> permit, the City does not assume any liability: (1) for injuries to persons,
<br /> damage to property, or loss of service claims by parties other than the
<br /> registrant or the City; or (2) for claims or penalties of any sort resulting from
<br /> the installation, presence, maintenance, or operation of equipment by
<br /> registrants or activities or registrants.
<br /> B. By registering with the City, a registrant agrees, or by accepting a permit
<br /> under this Chapter, a permittee is required to defend, indemnify, and hold the
<br /> City whole and harmless from all costs, liabilities, and claims for damages of
<br /> any kind arising out of the construction, presence, installation, maintenance,
<br /> repair or operation of its equipment, or out of any activity undertaken in or
<br /> near a Right-of-Way, whether or not any act or omission complained of is
<br /> authorized, allowed, or prohibited by a Right-of-Way permit. It further agrees
<br /> that it will not bring, nor cause to be brought, any action, suit or other
<br /> proceeding claiming damages, or seeking any other relief against the City for
<br /> any claim nor for any award arising out of the presence, installation,
<br /> maintenance or operation of its equipment, or any activity undertaken in or
<br /> near a Right-of-Way, whether or not the act or omission complained of is
<br /> authorized, allowed or prohibited by a Right-of-Way permit. The foregoing
<br /> does not indemnify the City for its own negligence except for claims arising
<br /> out of or alleging the City's negligence where such negligence arises out of or
<br /> is primarily related to the presence, installation, construction, operation,
<br /> maintenance or repair of said equipment by the registrant or on the registrant's
<br /> behalf, including, but not limited to, the issuance of permits and inspection of
<br /> plans or work. This Chapter is not, as to third parties, a waiver of any defense
<br /> or immunity otherwise available to the registrant or to the City, and the
<br /> registrant, in defending any action on behalf of the City, shall be entitled to
<br /> assert in any action every defense or immunity that the City could assert in its
<br /> own behalf.
<br /> 360-21
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