(a) The company shall pay, and by its acceptance of a franchise specifically agrees that it will pay, all damages and penalties which the township may legally be required to pay as a result of granting a franchise. These damages or penalties shall include, but not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation or maintenance of the system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter.
(b) The company shall pay, and by its acceptance of a franchise specifically agrees that it will pay, all expenses incurred by the township in defending itself with regard to all damages and penalties mentioned in subsection (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 by the Township Solicitor or his or her assistants or any employee of the township.
(c) The company shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain, throughout the term of the franchise, liability insurance insuring the township and the company with regard to all damages mentioned in subsection (a) above, in the minimum amounts of:
(1) An the amount set forth by the Board of Commissioners in the fee resolution for bodily injury or death to any one person, within the limit, however, an amount set forth by the Board of Commissioners in the fee resolution for bodily injury or death resulting from any one accident;
(2) An amount set forth by the Board of Commissioners in the fee resolution for property damage resulting from any one accident;
(3) An amount set forth by the Board of Commissioners in the fee resolution for infringement of copyrights; and
(4) An amount set forth by the Board of Commissioners in the fee resolution for all other types of liability.
(d) The company shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain, throughout the term of the franchise, a faithful performance bond running to the township in the penal sum of an amount set forth by the Board of Commissioners in the fee resolution. The condition of such bond shall be that the company shall well and truly observe, fulfill and perform each provision of this chapter and that in case of any breach of the condition of the bond, the amount thereof shall be recoverable from the principal and surety thereof by the township for all damages resulting from such breach.
(e) The insurance policy and bond obtained by the company in compliance with this section shall require the approval of the Board of Township Commissioners and such insurance policy and bond, along with written evidence of payment of required premiums, shall be filed and maintained with the Township Secretary during the term of this chapter.
(f) All expenses of the above noted insurance and bond shall be paid by the company.
(Ord. 474, passed 9-20-1978)