A ROW-user operating under the provisions of this article shall fully indemnify, release,
defend, and hold harmless the unified government and agents of the unified government
when acting in their capacity as municipal officials, employees and agents, from and
against any and all claims, demands, suits, proceedings, and actions, liability, and
judgment by other persons for damages, losses, costs, and expenses, including attorneys'
fees, to the extent caused by negligent acts or omissions of the ROW-user in the performance
of the permitted work. The unified government agrees to timely notify ROW-user of
such claim, demand, suit, proceeding, or action by providing written notice to ROW-user
and the registered agent of the ROW-user. Nothing herein shall be deemed to prevent
the unified government or any agent from participating in the defense of any litigation
by their own counsel at their own expense. Such participation shall not under any
circumstances relieve the ROW-user from its duty to defend against liability or its
duty to pay any judgment entered against the unified government or its agents.
