Sec. 28A-16. Indemnity and insurance.
(a) Each permittee and concessionaire shall covenant and agree to indemnify and hold harmless the city, its officers, employees, and agents, against any and all claims, demands, causes of action, damages (including damages to city's property), costs and liabilities (including cost and liabilities to the city with respect to its employees), in law or in equity, of every kind and nature, whatsoever, directly or proximately resulting from or caused by the use and occupation of the facilities described in the permit, whether such use is authorized or not, or from any act or omission of permittee or any of its officers, agents, employees, guests, patrons, or invitees, and the permittee shall, at its sole risk and expense, defend any and all suits, actions, or other legal proceedings which may be brought or instituted against the city, its officers and employees on any such claim, demand or cause of action, and the permittee shall pay and satisfy any judgment or decree which may be rendered against the city, its officers, employees, and agents in any such suit, action or other legal proceedings, and permittee shall pay for any and all damages to the property of the city, for loss or theft of such property, done or caused by permittee, its officers, agents, employees, guests, patrons, and invitees.
(b) The manager, may, whenever in his opinion the circumstances may warrant same, require that such permittee or concessionaire shall secure and indemnify the city, and such other persons as they shall designate, against any and all such liability, loss, injury, and damage, by procuring, paying for and keeping in force, a policy of liability and/or indemnity insurance, or a surety bond, for such purpose or purposes, in such amount as the manager may determine which said policy of insurance or bond shall be written and issued by a reputable and solvent insurance or surety company, as the case may be, authorized to do business in the state and such policy or bond shall be subject to approval as to form thereof by the city attorney.
(c) In like manner, whenever in the opinion of the manager, the circumstances may warrant same, a permittee or concessionaire shall procure, pay for and keep in force Workers' Compensation Insurance for and on behalf of, and protecting, the agents and/or employees of such person; provided further, however, that whenever under the laws of the state, such person shall be required to cover his, her, or its agents and/or employees by Workers' Compensation Insurance, such law or laws shall be complied with, notwithstanding the exercise of or failure to exercise such discretion of said manager with regard thereto.
(d) Whenever the state or federal government or any department or agency thereof applies for the use of the center under a permit and the laws or regulations under which such applicant acts will not permit the execution of a hold-harmless clause required of other applicants or such applicant is self-insured, a permit may be issued without the requirement of a standard hold-harmless clause or proof of insurance, as the case may be. Any variation from the standard permit form shall be approved by the manager and the city attorney. (Ord. No. 1926 (NCS), § 1.)