Indemnification and Liability

  1. Law
  2. Georgia Code
  3. Local Government
  4. Streamlining Wireless Facilities and Antennas
  5. Indemnification and Liability

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  1. An authority shall not require a wireless provider to indemnify and hold the authority and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses, or fees arising from the wireless provider's activities in the public right of way under this chapter, except when a court of competent jurisdiction has found that the negligence of the wireless provider while conducting such activities caused the harm that resulted in such claims, lawsuits, judgments, costs, liens, losses, expenses, or fees or to require a wireless provider to obtain insurance naming the authority or its officers and employees an additional insured against any of the foregoing.
  2. In no event shall any authority or any officer, employee, or agent affiliated therewith, while in the performance of its or his or her official duties, be liable for any claim related to the siting, installation, maintenance, repair, replacement, relocation, permitting, or location of wireless equipment, facilities, poles, or infrastructure, including, but not limited to, any claim for destruction, damage, business interruption, or signal interference with other communications service providers wherein such siting, installation, maintenance, repair, replacement, relocation, permitting, or location was undertaken in substantial compliance with this chapter.

(Code 1981, §36-66C-15, enacted by Ga. L. 2019, p. 236, § 1/SB 66.)

Editor's notes.

- For information as to the effective date of this Code section, see the effective date note at the beginning of this chapter.


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