§ 66-10 General Requirements – Indemnification.
RCNY § 66-10
(a)General Indemnification. A Technology System Provider Licensee 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 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 Technology System Provider Licensee and/or its employees, agents or subcontractors in connection with any of the activities licensed under this 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 Chapter. Insofar as the facts or law relating to any third-party claim would preclude the City from being completely indemnified by the Technology System Provider Licensee, the City shall be partially indemnified by the Technology System Provider Licensee to the fullest extent permitted by law.
(b)Infringement Indemnification. A Technology System Provider Licensee 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 Technology System Provider Licensee, 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 Technology System Provider Licensee, the City shall be partially indemnified by the Technology System Provider Licensee to the fullest extent permitted by law.
(c)Not Limited by Insurance. The indemnification obligations set forth in this section shall not be limited in any way by the Technology System Provider Licensee's obligations to obtain and maintain insurance as provided in 35 RCNY § 66-05(e). 35 RCNY § 66-10(a)-(b)Penalty: $500 - $1,000 fine and/or suspension until complianceAppearance REQUIRED (Added City Record 5/17/2018, eff. 6/16/2018)
