§ 5.21.070. No city liability, indemnification.

(a)

By accepting a license issued pursuant to this Code, the licensee waives and releases the city, its officers, elected officials, employees, attorneys and agents from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of establishment owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.

(b)

By accepting a license issued pursuant to this Code, the licensee, and its owners, managers, agents, employees and affiliates jointly and severally agree to indemnify, defend and hold harmless the city, and any of its elected or appointed officers, agents, employees or attorneys from any and all claims, demands, actions, damages, decrees, judgments, attorney fees, costs and expenses which may be asserted against the city, or such elected or appointed officers, employees or attorneys arising out of or in any manner connected with the medical marijuana establishment that is subject of the license, including, without limitation, any injury, loss or damage, including claims arising from bodily injury, personal injury, sickness, disease, death, property loss of damage or any other loss of any kind whatsoever arising there from. The licensee's duty to defend and indemnify the city hereunder shall apply regardless of the city's active or passive fault. The licensee's duty to defend the city is absolute and shall arise as soon as any demand or claim is asserted against the city and is not conditioned upon a finding of fault of the licensee. The city is entitled to choose the attorney assigned to defend against the claims and the licensee shall immediately pay all defense fees and costs charged by the attorney selected by the city.

(Ord. No. 6341, § 3, 8-20-14, eff. 8-22-14)