Section 408.4418 - Indemnification and liability1. A provider of telecommunications or community antenna television company that is issued an occupancy permit shall indemnify, defend and hold harmless the State of Nevada, the Department and its officers, agents and employees from any claims, causes of action and suits at law or in equity for losses, damages, claims or demands, and from any liability and expense, including reasonable attorney's fees, arising out of the use or occupancy of the state highway or right-of-way by the provider or company, unless the provider or company establishes that the damage or injury was caused by the willful misconduct or gross negligence of the State of Nevada, the Department or its officers, agents or employees.2. The State of Nevada, the Department and its officers, agents and employees are not liable for any expense incurred by the provider of telecommunications or community antenna television company in its use and occupancy of the state highway or right-of-way.Nev. Admin. Code § 408.4418
Added to NAC by Dep't of Transportation by R082-01, eff. 11-1-2001