§ 93-23. Indemnification.


Latest version.
  • A. 
    To the fullest extent permitted by law, grantee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the Township, its officers, public officials, boards and commission, agents and employees from and against any and all lawsuits, claims (including without limitation worker's compensation claims against the Township or others), causes of action, actions, liability and judgments for injury or damages (including but not limited to expenses for reasonable legal fees and disbursements assumed by the Township in connection therewith):
    (1) 
    To persons or property, in any way arising out of or through the acts or omissions of grantee, its subcontractors, agents or employees.
    (2) 
    Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation or the violation or infringement of any copyright, trademark, trade name, service mark or patent or any other right of any person, firm or corporation, but excluding claims arising out of or related to borough programming or programming for which the grantee is not legally responsible.
    (3) 
    Arising out of grantee's failure to comply with the provisions of any federal, state or local statute, ordinance or regulation applicable to grantee in its business hereunder.
    (4) 
    Arising out of any action or claim related to obscenity, indecency or sexually explicit programming.
    B. 
    The foregoing indemnity is conditioned upon the following: The Township shall give to grantee prompt notice of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the Township from cooperating with the grantee and participating in the defense of any litigation by its own counsel at its own costs and expense.