<div class="chunk-title">Sec. 20-63. - Indemnification.</div>
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               (a)
               
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               <span class="ital">Indemnification.</span> To the fullest extent permitted by law, grantee shall, at its sole cost and expense,
               fully indemnify, defend and hold harmless the county, its officers, public officials,
               boards and commissions, agents, and employees from and against any and all lawsuits,
               claims, (including without limitation worker's compensation claims against the county
               or others), causes of action, actions, liability, and judgments for injury or damages:
               
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               (1)
               
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               To persons or property, in any way arising out of or through the acts or omissions
               of grantee, its subcontractors, agents or employees, to which grantee's negligence
               shall in any way contribute.
               
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               (2)
               
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               Arising out of any claim for invasion of the right of privacy, for defamation of any
               person, firm or corporation, or the violation or infringement of any copyright, trademark,
               trade name, service mark or patent, or any other right of any person, firm or corporation,
               but excluding claims arising out of or related to government and educational access
               programming; or
               
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               (3)
               
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               Arising out of grantee's failure to comply with the provisions of any federal, state,
               or local statute, ordinances or regulation applicable to grantee in its business hereunder.
               
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               (b)
               
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               The foregoing indemnity is conditioned upon the following:
               
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               The county shall give grantee prompt notice of any claim or the commencement of any
               action, suit or other proceeding covered by the provisions of this section. The grantee
               shall be afforded the opportunity to control the defense of any such claim or action
               including, but not limited to any settlements, or compromise thereof; provided, however,
               that in the event grantee proposes or finds acceptable any settlement, compromise
               or resolution which the county deems detrimental to its interest, then in such event,
               county shall assume control of the defense of any such claim or action at its sole
               cost and expense, and the grantee's indemnity for the final resolution of such claim
               or action shall be limited to that settlement or compromise amount proposed or found
               acceptable by grantee but to which the county objected. Nothing herein shall be deemed
               to prevent the county from cooperating with the grantee and participating in the defense
               of any litigation by its own counsel at its own costs and expense. The county may
               take such steps in any proceeding as it deems essential to protect the county's or
               the public's interests. No recovery by the county of any sum by reason of the liquidated
               damages required by the franchise shall be subject to litigation by the grantee, except
               that any sum so received by the county shall be deducted from any recovery which the
               county might have against the grantee under the terms of this section.
               
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            <p class="historynote0">
               (Ord. No. 1998-05, art. VI, Â§ 6.3, 2-16-98)
               
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