The Company shall indemnify and hold and save the City, its officers, employees, agents, and authorized contractors, harmless from and against all claims, damages, expense, liability, and costs including reasonable attorney fees, to the extent occasioned in any manner by the Company’s occupancy of the Right-of-Way, except to the extent that such were caused by the negligence or intentional conduct of the City, its duly authorized officers, employees, agents, or authorized contractors. In the event a claim shall be made or an action shall be instituted against the City growing out of such occupancy of the Right-of-Way by Facilities of the Company, then upon notice by the City to the Company, the Company shall assume responsibility for the defense of such actions at the cost of the Company, subject to the option of the City to appear and defend, at its own costs, any such case; provided, that the Company shall have no duty to defend any such action to the extent that such action has resulted from the negligence or intentional misconduct of the City, its duly authorized officers, employees, agents, or authorized contractors. (Ord. 18295 § 7, 7-20-04.)