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ORDINANCE NO. 2017- 006 1. Whenever any of the public rights-of-way are used under the terms of this chapter the person so using them shall take necessary precautions, including illumination, for protection of the public with particular emphasis on the period from sunset to sunrise. The persons so using the public rights-of-way as a condition of that use agree to hold and save the county harmless from any and all liability that may arise out of the use of any public rights-of-way as provided in this chapter or by permit. 2. The user agrees and is bound to hold Indian River County whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by the use, occupancy, and maintenance of the public right-of-way, or from any act or omission of any representative, agent, customer, and/or employee of the user. This user shall also be responsible for any claim for damage that any utility, whether publicly or privately owned, may sustain or receive by reason of user's use of the public right-of-way and improvements and equipment located thereon. User shall not make any claim of any kind or character whatsoever against Indian River County for damages that it may suffer by reason of installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or utility, whether presently in place or which may in the future be constructed or installed, including but not limited to, any water and/or sewer mains and/or storm sewer facilities fiber optic cables, and whether such damage is due to flooding, infiltration, natural causes, or from any other cause of whatsoever kind or nature. It is the intention of this section, and a condition of any permit, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against Indian River County by reason of, or as a consequence of having granted permission to a user to use and/or maintain a public right-of-way. User is required to defend any and all suits, claims, or causes of action brought against Indian River County on behalf of the county and pay any judgment or judgments that may be rendered against county in connection therewith. 3. Any user placing or installing any structure or obiect on County utility poles or other equipment or structures within the right-of-way shall ensure that, at least thirty (30) days prior to the commencement of any work on County utility poles or equipment or structures, the user provides to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's Risk Manager, of Commercial general liability insurance with a combined single limit of $1,000,000.00 per occurrence. The County shall be named as an additional insured for each of these policies. The Indian River County Risk Management Division has the authority to require additional insurance based upon the structure or object to be installed or placed. 4