A. Additional requirements. In addition to and distinct from the insurance requirements of this Chapter, Grantee releases and shall defend, indemnify, and hold harmless City from any and all claims, losses, costs, liabilities, damages, and expenses (except those damages caused solely by the negligence of the City), including, but not limited to, those of the Grantee's lessees, and also including, but not limited to, reasonable attorneys' fees arising out of or in connection with the Telecommunications or Cable Facilities, the performance of any work, the operation of any Telecommunications or Cable Facilities, or the Grantee's system, or the acts or omissions of the Grantee or any of its suppliers or contractors of any tier, or anyone acting on the Grantee's behalf in connection with said installation of Telecommunications or Cable Facilities, performance of work, or operation of Telecommunications or Cable Facilities or Grantee's system.
B. Inclusions. Such indemnity, protection, and hold harmless shall include any demand, claim, suit, or judgement for damages to property or injury to or death of persons, including officers, agents, and employees of any person including payment made under or in connection with any Worker's Compensation Law or under any plan for employees' disability and death benefits, which may arise out of or be caused or contributed to directly or indirectly by the erection, maintenance, presence, operation, use, or removal of Grantee's Telecommunication, Open Video System or Cable Facilities, including any claims or demands of customers of the Grantee with respect thereto.
C. Indemnification. A Person subject to this chapter shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in its capacity as such, the officers and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damage or otherwise (except those arising wholly from negligence on the part of the City or its employees) (a) for actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of such Person or its officers, agents, employees, or contractors or to which such Person or its officers', agents', employees' or contractors' acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by the permit or franchise or applicable law; (b) arising out of or alleged to arise out of any claim for damages for such Person's invasion of the right of privacy, defamation of any person, firm or corporation, or the violation of infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation; and/or (c) arising out of or alleged to arise out of such Person's failure to comply with the provisions of any statute, regulation or applicable policy of the United States, State of Washington or any local agency applicable to such Person in its business. Nothing herein shall be deemed to prevent the City, its officers, or its employees from participating in the defense of any litigation by their own counsel at such parties' expense. Such participation shall not under any circumstances relieve a Person subject to this chapter from its duty of defense against liability or of paying any judgment entered against the City, its officers, or its employees.
D. Application. To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold harmless provisions shall apply to and be for the benefit of the City.
E. Successors and assigns. All provisions of this Chapter shall apply to the successors and assigns of the Grantee.