A. Insurance. An applicant for a permit under this Chapter shall procure insurance, the adequacy of which shall be determined by the Director of the Bureau of Transportation, that names the City as an additional insured. The applicant shall supply the City with a certificate providing evidence of that insurance prior to issuance of the permit.
B. Indemnification. As a condition of a permit issued under this Chapter, the applicant shall hold harmless, indemnify and defend the City, its officers, employees and agents from and against all claims, suits, actions of whatsoever nature, damages or losses, and all expenses and costs incidental to the defense thereof, including attorney fees, resulting from or arising out of the activities of the applicant, its officers, employees, agents and contractors under this permit. In addition, in situations which occur prior to dedication of the right of way, the permittee acknowledges and assumes all risk of loss which may arise in the event the City or any other public agency subsequently requires changes in or additions to plans or refuses to approve all or any part of permittee’s improvements.