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502.8 DIRECTOR'S STANDARD: All determinations to be made by the Director with respect to
<br />• the manner and extent of restoration, patching, repairing and similar activities under the
<br />franchise granted by this Ordinance, shall be reasonable and shall not be unreasonably
<br />conditioned, withheld, or delayed. The Company may request additional time to complete
<br />restoration, patching, repair, or other similar work as required under the franchise granted
<br />by this Ordinance, and the Director shall not unreasonably withhold, condition, or delay
<br />consent to such requests.
<br />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, officials 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 BOLD 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 />0 and will hold the City harmless therefrom
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