(A) The grantee shall, at his sole cost and expense, fully indemnify, defend and save harmless the county, its officers, boards, commissions, and employees against any and all actions, liability, judgements, executions, claims or demands whatsoever by others, including, but not limited to, copyright infringement and all other damages arising out of the installation or operation or maintenance of the cable television system authorized herein, whether or not any act of omission complained of is authorized, allowed or prohibited by this chapter and any franchise granted hereunder, and against all liabilities to others arising out of such construction, operation and maintenance, including, but not limited to, any liability for damages by reason of, or arising out of, any failure by grantee to secure consents from the owners, authorized distributors or licensees of programs to be transmitted or distributed by the grantee, and against any loss, cost, expense, and damages resulting therefrom, including reasonable attorney fees, arising out of the grantee's exercise or enjoyment of this franchise, irrespective of the amount of comprehensive liability policy required hereunder.
(B) At the time of and concurrently with the filing of written acceptance, the grantee shall file with the County Manager certificates of insurance for the following:
(1) A general comprehensive public liability insurance policy, indemnifying, defending and saving harmless the county, its officers, boards, commissions, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the grantee under the franchise granted hereunder with a minimum of liability of $1,000,000 per personal injury or death of any person and $1,000,000 for personal injury or death of any two or more persons in any one occurrence. Renewal certificates of such insurance shall be promptly forwarded to the County Manager as such renewals are made, and such insurance shall be constantly kept in force and effect during the term of this franchise or any renewal thereof. The grantee and/or the insurance carrier shall file with the County Manager a written notice of any material alteration or cancellation of any insurance coverage at least 30 days prior to the effective date of such alteration or cancellation.
(2) Property damage insurance indemnifying, defending, and saving harmless the county, its officers, boards, commissions, agents, and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of a grantee under the franchise granted hereunder or alleged to have been so caused with a minimum liability of $1,000,000 for property damage to any one person and $1,000,000 for property damage to two or more persons in any one occurrence.
(3) Such insurance as provided for in this section shall be provided at the grantee's sole cost and expense and be kept in full force and effect by the grantee during the existence of the franchise and until after the removal of all fixtures incident to the maintenance and operation of the cable television system as defined in the franchise.
(C) All of the foregoing insurance contracts shall be issued and maintained by companies authorized to do business in the State of North Carolina and they shall require 30 days written notice of any cancellation or reduction in coverage to both the county and the grantee herein.
(Ord. passed 2-5-90) Penalty, see § 110.99