§ 6.08. Liability and Indemnification.

(1)

A permittee shall pay, and by its acceptance of a permit specifically agrees to pay, any and all damages or penalties which the city may be legally required to pay as a result of the permittee's operation or maintenance of a horse-drawn vehicle under this article, whether or not the acts or omissions complained of are authorized, allowed or prohibited by the city.

(2)

A permittee shall also pay all expenses incurred by the city in defending itself with regard to any and all damages and penalties mentioned in subsection (1) above. The expenses shall include all out-of-pocket expenses, including a reasonable attorney's fee and the reasonable value of services rendered by any employee of the city.

(3)

The permittee shall maintain, throughout the term of the permit, liability insurance insuring the city and the permittee with regard to all damages mentioned in subsection (1) above caused by the grantee or its agents, in the minimum amounts of:

(a)

Workers' and unemployment compensation insurance as provided by the laws of this state.

(b)

One hundred thousand dollars ($100,000.00) for bodily injury or death to any one person within the limit, and five hundred thousand dollars ($500,000.00) for bodily injury or death resulting from any one accident, and fifty thousand dollars ($50,000.00) for property damage resulting from any one accident.

(4)

The insurance policies obtained by a permittee in compliance with this section shall be insured by a company or companies acceptable to the city and a current certificate or certificates of insurance, along with written evidence of payment of all required premiums, shall be filed and maintained with the city during the term of the permit. The policies shall name the city as an additional insured and shall contain a provision that written notice of cancellation or reduction in coverage of the policy shall be delivered by registered mail to the city at least thirty (30) days in advance of the effective date thereof.

(Ord. of 12-14-1981, § 2)