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0 ARTICLE VI <br />SECTION 601 INDEMNIFICATION AND LIABILITY <br />601.1 SCOPE OF INDEMNIFICATION: Subject to the following, the Company agrees and binds <br />itself to indemnify, keep and hold the City council members, Board and its employees <br />free and harmless from liability on account of injury or damage to persons, firms or <br />corporations or property growing out of or directly or indirectly resulting from: <br />(a) the Company's use of the streets, alleys, highways, sidewalks, rights-of-way and <br />other public places of the City pursuant to the franchise granted by this <br />Ordinance; <br />(b) the acquisition, erection, installation, maintenance, repair, operation and use of <br />any poles, wires, cables, conduits, lines, manholes, facilities and equipment by the <br />Company, its authorized agents, subagents, employees, contractors or <br />subcontractors; or <br />(c) the exercise of any right granted by or under the franchise granted by this <br />Ordinance or the failure, refusal or neglect of the Company to perform any duty <br />imposed upon or assumed by the Company by or under the franchise granted by <br />•this, Ordinance. <br />601.2 DUTY TO INDEMNIFY, DEFEND AND HOLD HARMLESS: If a suit arising out of subsection <br />(a), (b), (c) of Section 601.1, claiming such injury, death, or damage shall be brought or <br />threatened against the City, either independently or jointly with the Company, the <br />Company will defend, indemnify and hold the City harmless in any such suit, at the cost <br />of the Company, provided that the City promptly provides written notice of the <br />commencement or threatened commencement of the action or proceeding involving a <br />claim in respect of which the City will seek indemnification hereunder. The Company <br />shall be entitled to have sole control over the defense through counsel of its own <br />choosing and over settlement of such claim provided that the Company must obtain the <br />prior written approval of City of any settlement of such claims against the City, which <br />approval shall not be unreasonably withheld or delayed more than thirty (30) days. If, in <br />such a suit, a final judgment is obtained against the City, either independently or jointly <br />with the Company, the Company will pay the judgment, including all reasonable costs, <br />and will hold the City harmless therefrom <br />SECTION 602 WAIVER BY THE CITY <br />The City waives the applicability of these indemnification provisions in their entirety if it: <br />(a) elects to conduct its own defense against such claim; <br />Page 9 <br />