(a)
A registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend
the county, it officials, boards, members, agents, and employees, against any and
all claims, suits, causes of action, proceedings, judgments for damages or equitable
relief, and costs and expenses incurred by the county arising out of the placement
or maintenance of its communications facilities in public rights-of-way, regardless
of whether the act or omission complained of is authorized, allowed or prohibited
by this division, provided, however, that a registrant's obligation hereunder shall
not extend to any claims caused by the negligence, gross negligence or wanton or willful
acts of the county. This provision includes, but is not limited to, the county's reasonable
attorneys' fees incurred in defending against any such claim, suit or proceedings.
The county agrees to notify the registrant, in writing, within a reasonable time of
the county receiving notice, of any issue it determines may require indemnification.
Nothing in this section shall prohibit the county from participating in the defense
of any litigation utilizing its own counsel at its own cost if in the county's reasonable
belief there exists or may exist a conflict, potential conflict or appearance of a
conflict. Nothing contained in this section shall be construed or interpreted: (1)
as denying to either party any remedy or defense available to such party under the
laws of the State of Florida; or (2) as a waiver of sovereign immunity beyond the
waiver provided in F.S. § 768.28, as it may be amended from time to time.
(b)
The indemnification requirements shall survive and be in effect after the termination
or cancellation of a registration.
