<div class="chunk-title">Sec. 40-108. - Indemnification.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               To the fullest extent permitted by law, the grantee under this article 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 workers' compensation claims
               against the county or others, causes of action, actions, liability, and judgments
               for injury or damages, including but not limited to expenses for reasonable legal
               fees and disbursements assumed by the county in connection therewith:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               To persons or property, in any way arising out of or through the acts or omissions
               of the grantee, its subcontractors, agents or employees to which the grantee's negligence
               shall in any way contribute and regardless of whether the county's negligence or the
               negligence of any other party shall have contributed to such claim, cause of action,
               judgment, injury, or damage.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Arising out of any claim for invasion of the right of privacy; for defamation of any
               person; or for the violation or infringement of any copyright, trademark, trade name,
               service mark or patent or any other right of any person, but excluding claims arising
               out of or related to county programming.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Arising out of the grantee's failure to comply with the provisions of any federal,
               state, or local statute, ordinance or regulation applicable to the grantee in its
               business under this article.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               The indemnity in subsection (a) of this section is conditioned upon the following:
               The county shall give the grantee prompt notice of any claim or the commencement of
               any action, suit or other proceeding covered by this section. Nothing in this section
               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.
               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.
               </p>
            		
            <p class="historynote0">
               (Code 1995, Â§ 517.052)
               </p></div>