(A) Any grantee who accepts a franchise agrees by its acceptance to indemnify, keep, and save the village free and harmless from liability on account of injuries or damage to persons or property arising out of the construction, maintenance, repair, and operation of its cable television system. In the event that suit shall be brought against the village, either independently or jointly with a grantee on account thereof, the grantee, upon notice by the village, shall defend the village in any such suit at the cost of the grantee and, in the event of final judgment being obtained against the village either independently or jointly with the grantee, the grantee shall indemnify the village and pay such judgment with all costs and hold the village harmless therefrom.
(B) Any grantee who accepts a franchise agrees by its acceptance to pay all expenses incurred by it in defending itself and the village with regard to all damages and penalties mentioned in division (A) above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered, upon the request of the grantee, by the village’s attorney or his or her assistants or any employees of the village or its agents.
(C) Any grantee who accepts a franchise agrees by its acceptance to maintain, throughout the term of the franchise, liability insurance insuring the village and the grantee with regard to all damages mentioned in division (A) above in the minimum amounts of:
(1) $300,000 for property damage in any one occurrence;
(2) $500,000 for property damage in the aggregate;
(3) $500,000 for bodily injury to any one person; and
(4) $1,000,000 for bodily injury in any one occurrence.
(D) A certificate of insurance shall be filed and maintained with the Village Fiscal Officer during the term of a franchise.
(E) Neither the provisions of this section nor any damages recovered by the village hereunder shall be construed as limiting the terms, obligations, or liabilities imposed under other sections of this chapter.
(F) All insurance policies maintained pursuant to a franchise shall contain the following endorsement:
“It is hereby understood and agreed that this insurance policy may not be cancelled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after receipt by the Village of Apple Creek, Ohio, by registered mail, of a written notice of such intention to cancel or not to renew.”
(Ord. 1987-16, passed 8-3-1987)