§ 123.078 LIABILITY AND INDEMNIFICATION.
   (A)   (1)   The grantee shall indemnify and hold harmless the city, its officers, boards, commission, agents and employees, against and from any and all claims, demands, cause of actions, actions, suits, proceedings, damages (including, but not limited to damages to city property and damages arising out of copyright infringements and damages arising out of any failure by grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by grantee's cable system), costs or liabilities (including costs or liabilities of the city with respect to its employees), of every kind and nature whatsoever, including but not limited to damages for injury or death or damage to person or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost and expense resulting or arising out of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation to the exercise or the enjoyment of any franchise hereunder by grantee, or the granting thereof by the city.
      (2)   The grantee shall not be liable for any damages, fees or expenses where any lawsuit is based on the actions or omissions of the city but not on any act or omission by the grantee.
   (B)   (1)   The grantee shall maintain a general comprehensive liability insurance policy naming as an additional insured the city, its officers, boards, commissions, agents and employees, in a company mutually acceptable by the grantee and the city in a form satisfactory to the city protecting the city and all persons against liability for loss or damage for personal injury, death or property damage, occasioned by the operations of the grantee under any franchise granted hereunder in amounts not less than the limits provided in the Oklahoma Political Subdivision Tort Claims Act.
      (2)   Worker's compensation insurance in the coverage as may be required by the worker's compensation insurance and safety laws of the state and amendments thereto.
   (C)   The insurance policies referred to above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the grantee under the terms of this chapter and shall contain the following endorsement:
      "It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until 30 days after receipt by the city by registered mail, of written notice of the intent to cancel or reduce the coverage."
(Prior Code, § 6-505) (Am. Ord. 1251, passed 9-6-83; Am. Ord. 1791, passed 12-18-07)