(a) All persons operating telecommunications systems shall, at their sole cost and expense, indemnify, defend and hold harmless the township, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage to public or private property arising out of the person’s use or occupancy of the rights-of-way. Such person shall defend any actions or proceedings against the township in which it is claimed that personal injury, including death, or property damage was caused by the person’s use or occupancy of the rights-of-way. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorney fees, reasonable expert fees, court costs and all other costs of indemnification.
(b) All persons operating telecommunications systems shall, at all times during the life of a permit, carry itself and require all of its subcontractors to carry commercial liability, worker’s disability and vehicle insurance issued to the person by an insurance company licensed to do business in the commonwealth in an amount and form acceptable to the township as set forth in the permit. Such person shall name the township as an additional insured on its liability insurance policies for which defense will be provided as to all such coverages. All required insurance coverage shall provide for 30 days’ notice to the township in the event of material alteration or cancellation of such coverage prior to the effective date of such material alteration or cancellation. Such person shall provide appropriate insurance certificates to the township within 30 days after the execution of a permit and annually with an application for a renewal permit. Any certificate of insurance presented to the township shall verify that the person is insured against claims for personal injury, including death, as well as claims for property damage arising out of the applicant’s use and occupancy of the rights-of-way.
(c) In lieu of the certificate of insurance required under subsection (b) above, proof of self-insuring status that demonstrates adequate financial resources to defend and cover any and all potential claims will be acceptable to the township.
(Ord. 985, passed 11-20-2018)