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The permittee is responsible for the excavation work performed in the right-of-way. This Ordinance shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any right-of-way work for which a right-of-way permit is issued hereunder; nor shall the City or any official or employee thereof be deemed to have assumed any such liability or duty by reason of inspections authorized hereunder, the issuance of any permit or the approval of any right-of-way work.

All permit applications shall include the following language: “The Permittee shall defend, indemnify, and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with activities or operations performed by the Permittee or on the Permittee’s behalf out of issuance of this Permit, including the procurement of adequate insurance as required by the City, except for injuries and damages caused by the sole negligence of the City.”