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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 />• Subd. 10. Future Uses, In placing any equipment, or allowing it to be placed, in the
<br />Right -of Way the City is not liable for any damages caused thereby to any
<br />registrant's equipment which is already in place. No registrant is entitled to rely on
<br />the provisions of this Chapter, and no special duty is created as to any registrant. This
<br />Chapter is enacted to protect the general health, welfare and safety of the public at
<br />large.
<br />Subd. 11. Abandoned and Unusable Equipment
<br />A. A registrant who has determined to discontinue its operation with respect to
<br />any equipment in any Right -of -Way, or segment or portion thereof, in the City
<br />must either:
<br />1. Provide information satisfactory to the City that the registrant's
<br />obligations for its equipment in the Right -of -Way under this Chapter
<br />have been lawfully assumed by another registrant; or
<br />2. Submit to the City a proposal and instruments for transferring
<br />ownership of its equipment to the City. If a registrant proceeds under
<br />this clause, the City may, at its option:
<br />a. Purchase the equipment, or
<br />b. Require the registrant, at its own expense, to remove it, or
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