§ 59E-10 General Requirements – Indemnification.
RCNY § 59
(a)General Indemnification. An Interior Advertising Provider must defend, indemnify and hold the City, its officers and employees harmless from any and all third-party claims (even if the allegations of the lawsuit are without merit) or judgments for damages on account of any losses, including for injuries or death to any person or damage to any property and from costs and expenses (including reasonable attorneys' fees) to which the City, its officers and employees may be subjected or which it may suffer or incur allegedly arising out of any operations of the Interior Advertising Provider and/or its employees, agents or subcontractors in connection with any of the activities licensed under this sub-chapter to the extent resulting from any negligent act of commission or omission, any intentional tortious act, or failure to comply with any of the provisions of this sub-chapter. Insofar as the facts or law relating to any third-party claim would preclude the City from being completely indemnified by the Interior Advertising Provider, the City shall be partially indemnified by the Interior Advertising Provider to the fullest extent permitted by law.
(b)Infringement Indemnification. An Interior Advertising Provider must defend, indemnify and hold the City harmless from any and all third-party claims (even if the allegations of the lawsuit are without merit) or judgments for damages and from costs and expenses (including reasonable attorneys' fees) to which the City may be subjected or which it may suffer or incur allegedly arising out of or in connection with any infringement by the Interior Advertising Provider, its agents or subcontractors of any copyright, trade secrets, trademark or patent rights or any other property or personal right of any third party in the conduct of the licensed activities. Insofar as the facts or law relating to any third-party claim would preclude the City from being completely indemnified by the Interior Advertising Provider, the City shall be partially indemnified by the Interior Advertising Provider to the fullest extent permitted by law. 35 RCNY § 59E-10(a) & (b)Penalty: $500 - $1,000 fine and/or suspension until compliance.Appearance REQUIRED (Added City Record 2/4/2025, eff. 3/6/2025)
