§ 1004-2.412. Damage to property.

(a)

Indemnity. To the extent permitted by law, the grantee of a pipeline franchise shall indemnify the county for any costs, including attorney's fees, associated with the investigation and/or defense of any third party property damage claims brought as a result of the construction, operation, or maintenance of its facilities.

(b)

Damage, Breaks, Leaks and Defective Facilities. Any damage to any property within the county caused directly or indirectly by any breaks, leaks or defective facilities within the unincorporated portion of the county or on property owned by the county shall be promptly repaired by the grantee of the franchise at the grantee's sole cost and expense. The grantee shall restore the property to the same condition it was in before the damage or leak and shall conduct all necessary remedial work, all to the satisfaction of the road commissioner. The grantee shall obtain and pay for any necessary permits from the county for the performance of all work and shall reimburse the county for all expenses and remediation costs that may be incurred by the county. Nothing in this section shall be construed as waiving a grantee's rights to seek recovery from a third party for the grantee's payment of the county's expenses and remediation costs.

(c)

Performance of Repair Work by the County. If a grantee fails to fully perform or fulfill its obligations under Section 1004-2.412(b) within a reasonable time, as determined by the road commissioner, then the county will have the right, but not the duty, and without limitation upon any other rights of the county pursuant to the franchise, to perform the same. The grantee shall indemnify and reimburse the county for all costs and all liabilities arising from the county's performance, as provided in this chapter.

(d)

Emergency Response. If any emergency response costs are incurred by the county in connection with any damage referenced in this section, the grantee shall reimburse the county for costs, as well as any attorneys' fees associated therewith, within thirty days after being presented with a bill. Upon request of a grantee, county will provide an itemized accounting of county's costs.

(Ord. No. 2013-19, § II, 8-13-13)