(a) An authority exercising its authority established by this chapter may not be subject to suit or otherwise be responsible for the alleged negligence, wantonness, willfulness, recklessness, or any other claims for alleged wrongful acts or omissions of wireless providers or their officers, agents, contractors, subcontractors, employees, or other representatives relative to the design, location, placement, construction, maintenance, and operation of small wireless facilities in an authority’s right-of-way or on an authority’s infrastructure.
Terms Used In Alabama Code 37-17-7
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
rights-of-way: as used in this title does not authorize the commission to prescribe the location or the routing of any pipeline facility;(5) COMMISSION. See Alabama Code 37-4-90
(b) Wireless providers shall indemnify authorities and their elected and appointed officials, employees, and authorized agents, or their insurers, and hold them harmless from and against any and all claims, demands, actions, suits, or proceedings in equity or law asserted by third parties for damages, losses, liabilities, or costs of any kind, including, without limitation, reasonable attorney’s fees, as and when incurred that arise from a material breach by a wireless provider or any of its officers, employees, volunteers, or authorized agents of any obligations set forth in this chapter; or for any claims for the alleged negligence, wantonness, willfulness, recklessness, or claims of any other alleged wrongful acts or omissions of wireless providers or their officers, agents, contractors, subcontractors, employees, or other representatives relative to the design, location, placement, construction, maintenance, and operation of small wireless facilities in an authority’s rights-of-way or on an authority’s infrastructure. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses due to or caused by the sole negligence or willful misconduct of an authority or its employees or agents.
