The Company shall indemnify and hold the City harmless at all times during the term of the franchise from and against all claims for injury or damage to persons or property caused by the Company’s negligence in the construction, erection, operation or maintenance of its properties, or the negligence of its contractors or its employees; provided, however, the Company shall not be obligated to defend, indemnify or save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees or contractors. In case of any suit or action at law being commenced against the City, upon any claim for damage arising out of any loss, injury or damage claimed to have been caused by the Company’s negligence during installation, improvement, obstruction or excavation in any street, alley, sidewalk or public place in the City, and which installation, improvement, obstruction or excavation was made or left in, under or upon such street, sidewalk, alley or public place by said Company, its agents, contractors or employees, upon being notified in writing by the City of such action or proceeding, the Company shall appear and make proper defense thereto; and if any judgment or decree shall in any such case be rendered against the City therein, the Company hereby agrees to assume, pay and satisfy such judgment or decree, with the costs thereof.
