Sec. 711.411. - Indemnification.

(a) City assumes no liability. By reason of the acceptance of a Registration or the issuance of a Permit under this Part, the City does not assume any liability for injuries to Persons, damage to property, or loss of service claims by parties other than the Registrant or the City or for claims or penalties of any sort resulting from the construction, presence, placement, installation, maintenance, repair or operation of Communications Facilities by Registrants or agents of Registrants. (b) Indemnity. A Registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, 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 arising out of the placement, maintenance or collocation of its Communications Facilities in City Rights-of-Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Chapter, provided, however, that a Registrant's obligation hereunder shall not extend to any claims caused by the sole negligence, gross negligence or wanton or willful acts of the City. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. The City agrees to notify the Registrant, in writing, within a reasonable time of the City's receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the City from participating in the defense of any litigation by its own counsel and at its own cost if in the City's 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: (i) as denying to either party any remedy or defense available to such party under the laws of the State of Florida; (ii) as consent by the City to be sued; or (iii) as denying to either party any remedy or defense available to such party under the laws of the State or as a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as amended. (c) Notification. The City agrees to notify the Registrant, in writing, within 30 days of the City receiving notice of any issue it determines may require indemnification. Failure to comply with this notice timeframe shall not invalidate any claims or rights the City may have. (d) Survival. The indemnification requirements shall survive and be in effect after the termination, expiration or cancellation of a Registration or Permit. (e) Indemnity separate from insurance. This indemnification shall apply to all damages and claims for damages of any kind suffered regardless of whether such insurance policies shall have been determined to be applicable to any such damages or claims for damages. (f) By registering with the City, Registrant agrees to the Indemnification provisions contained in this Section. (Ord. 2017-863-E , § 4)