a. Insurance Requirements. Any person or party applying for a right-of-way permit shall maintain in full force and effect commercial general liability insurance reasonably acceptable to the City and shall provide the City with a certificate of insurance evidencing the insurance policy required by this Subchapter. The certificate shall state that the insurance policy shall not be canceled, materially changed or non-renewed until after thirty (30) days' notice has been provided to the City; however, insurance may be canceled and replaced with a policy that continues to meet the requirements of this Subchapter. The City reserves the right to impose additional insurance requirements as part of a franchise agreement.
b. Indemnification; hold harmless. Each permittee shall defend, indemnify and hold harmless the City, its elected and appointed officials, boards, members, agents and employees against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief and the City’s costs and expenses, including reasonable attorney's fees, arising from liability or claims of liability for bodily injury or death to persons or property damage in which the claim arises out of the installation, construction, repair, maintenance or operation of its facilities, and in the event of a final judgment being obtained against the City either independently or jointly with the permittee, the permittee shall pay such judgment with all costs and hold the City harmless thereon. The City shall notify the permittee in writing within a reasonable time of receiving notice of any issue it determines may require indemnification and the permittee shall defend the City at the cost of the permittee.
(Ord. BG2020-19, 8/4/2020)