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 Clark County
 Code of Ordinances
 Title 5. FRANCHISES
 Chapter 5.01. RIGHTS-OF-WAY MANAGEMENT

  § 5.01.170. Indemnification.  

Latest version.

  • (a) To the maximum extent permitted by Nevada law, the franchisee or rights-of-way licensee shall indemnify, save harmless, and defend the county, its officers and employees, individually and collectively, from all damages, fines, liens, suits, claims, demands, actions, reasonable costs of investigation and litigation, reasonable attorneys' fees and expenses, reasonable consultants' fees and expenses, and reasonable expert witnesses' fees and expenses, judgments or liability of any kind arising out of or in any way connected with the installation, construction, operations, maintenance, or condition of the system. The franchisee or rights-of-way licensee is not required to indemnify or hold harmless the county, its officers and employees as provided herein, to the extent caused by, resulting from or arising out of the active negligence or intentional actions of one or more officers or employees of the county.

    (b)

    The franchisee or rights-of-way licensee shall assume all risks in the operation of the system and shall be solely responsible and answerable for any and all injuries to persons or property arising out of the existence or performance of the franchise or rights-of-way license agreement. The amounts and types of required insurance coverage, as set forth in Section 5.01.180 (Insurance) of this chapter of the code, shall in no way be construed as limiting the scope of indemnity set forth in this section.

    (c)

    The franchisee or rights-of-way licensee shall have no recourse whatsoever against the county for any loss, cost, expense, or damage arising out of the enforcement or lack of enforcement of any provision or requirement of this chapter of the code or of any franchise or rights-of-way license agreement.

    (d)

    The franchisee or rights-of-way licensee shall indemnify, save harmless, and defend the county, its officers and employees, individually and collectively, from damages which are incurred by or attributed to the county, including but not limited to costs, expenses, fees, and the actual amount of damage, arising from delays of such reconstruction, removal, or relocation work of the franchisee or rights-of-way licensee, beyond the time period provided for completion of such work, except to the extent that this provision is addressed otherwise in the franchise or rights-of-way license agreement.

(Ord. 3132 § 1 (part), 2004: Ord. 2098 § 3 (part), 1998: Ord. 2045 § 1 (part), 1997)