§ 27-7. Indemnification.

A permittee shall, at its sole cost and expense, indemnify, hold harmless and defend the town, 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 town arising out of the placement or maintenance of its facilities in public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter, provided, however, that a permittee's obligation hereunder shall not extend to any damages caused solely by the gross negligence, or wanton or willful acts of the town. This provision includes, but is not limited to, the town's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. The town agrees to notify the permittee, in writing, within a reasonable time of town receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the town from participating in the defense of any litigation by its own counsel and at its own cost if in the town'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:

(1)

As denying to either party any remedy or defense available to such party under the laws of the state;

(2)

As consent by the town to be sued; or

(3)

As a waiver of sovereign immunity beyond the waiver provided in F.S. § 768.28, as it may be amended.

(Ord. No. 18-01, § 1, 12-11-2017)