§ 5-17.11. General permit conditions: Indemnification agreement.

(a)

Indemnification requirements. As a condition precedent to the issuance of a permit authorizing an event, the permittee shall enter into an agreement with the City in a form approved by the City Attorney which shall set forth the undertaking of the permittee to indemnify the City, hold the City harmless and reimburse the City from and for any liability, damage or loss occurring during the course of the event authorized by such permit where such liability, damage or loss is proximately caused by the negligent or intentional act or omission of the permittee, any officer, employee or agent of the permittee, or any person who is under the permittee's legal control. In addition, such agreement shall provide that in the event a claim is made against the City by suit or otherwise, whether the same be groundless or not, arising out of such negligent or intentional act or omission, then the permittee shall defend the City and shall indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. Such agreement shall be filed with the Chief of Police prior to the issuance of the permit.

(b)

Waiver of indemnification agreement. The indemnification agreement required by this section shall be waived by the Chief of Police for any permit authorizing an event involving an exercise of free speech rights.

(§ 2, Ord. 781, eff. August 24, 1992)