Each distributor installing, operating or maintaining a shared structure and/or newsrack upon public property or within the public right-of-way shall agree, prior to issuance of a permit, to indemnify, defend and hold harmless the city, its officers, officials, employees, agents and volunteers from any loss, liability, damage, claims, expenses or cost (collectively "liability") sustained by any person or property, arising from the installation, operation, maintenance or use of such shared structure and/or newsrack except such liability caused by the sole negligence or willful misconduct of the city. (Ord. 2197 NCS §1 (part), 2004.)