A. The grantee shall save and hold the city harmless from any and all liability whatsoever arising out of the use or occupation of any part of the right-of-way or other public property by grantee under the terms of any franchise. This section shall be construed to mean that the grantee accepts such franchise and any rights conferred thereunder for the use and occupation of any portion of the right-of-way or other public property, at its own risk.

B. The grantee, by its acceptance of the franchise, specifically agrees that it will pay all damages and penalties which the city may legally be required to pay as a result of granting the franchise including any reasonable attorney’s fee. (Ord. 5532 § 2, 2004.)