(A)
A Registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend
the City of Tavares, its officials, boards, members, agents, and employees, against
any and all claims, suits, causes of action, proceedings, judgments for damages or
equitable relief, and costs and expenses incurred by the City of Tavares arising out
of the placement or maintenance of its Communications System or Facilities in Public
Rights-of-Way, regardless of whether the act or omission complained of is authorized,
allowed or prohibited by these Regulations, provided, however, that a Registrant's
obligation hereunder shall not extend to any claims caused by the negligence, gross
negligence or wanton or willful acts of the City of Tavares. This provision includes,
but is not limited to, the City of Tavares' reasonable attorneys' fees incurred in
defending against any such claim, suit or proceedings. City of Tavares agrees to notify
the Registrant, in writing, within a reasonable time of City of Tavares receiving
notice, of any issue it determines may require indemnification. Nothing in this Section
shall prohibit the City of Tavares from participating in the defense of any litigation
by its own counsel and at its own cost if in the City of Tavares' reasonable belief
there exists or may exist a conflict, potential conflict or appearance of a conflict.
Nothing contained in this Section shall be construed or interpreted: (a) as denying
to either party any remedy or defense available to such party under the laws of the
State of Florida; or (b) as a waiver of sovereign immunity beyond the waiver provided
in Section 768.28, Florida Statutes (2000), as it may be amended.
(B)
The indemnification requirements shall survive and be in effect after the termination
or cancellation of a Registration.