(a) The grantee agrees by the acceptance of the franchise to indemnify, keep and save the Village free and harmless from liability on account of injuries or damage to persons or property arising out of the construction, maintenance, repair and operation of its cable television system. In the event that suit shall be brought against the Village, either independently or jointly with the grantee on account thereof, the grantee shall, at the sole risk and expense of the grantee, upon demand of the Village, made by and through the Law Director, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasijudicial, administrative, legislative, or otherwise, brought or instituted or had by third persons or duly constituted authorities, against or affecting the Village, its officers, boards, commissions, agents or employees, and arising out of or pertaining to the exercise of enjoyment of such franchise, or the granting thereof by the Village. The grantee shall pay and satisfy or shall cause to be paid and satisfied any judgment, decree, order, directive, or demand rendered, made or issued against the grantee, the Village, its officers, boards, commissions, agents, or employees in any of these premises; and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other assurance required hereunder, or otherwise, provided that neither the grantee nor the Village shall make or enter into any compromise or settlement of any claim, demand, cause of action, action, suit, or other proceeding, without first obtaining the written consent of the other.
(b) The grantee shall pay, and by its acceptance of the franchise specifically agrees that it will pay all expenses incurred by the Village 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 Village's attorney or his or her assistants or any employees of the Village or its agents.
(c) The grantee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, throughout the term of the franchise, liability insurance insuring the Village and the grantee with regard to all damages mentioned in subsection (a) hereof in the minimum amounts of:
(1) $300,000 for property damage for any one occurrence;
(2) $500,000 for bodily injury to any one person; and
(3) $1,000,000 for bodily injury in any one occurrence.
(d) The insurance policy obtained by the grantee in compliance with this section shall be approved by the Village, and such policy, along with written evidence of payment of required premiums, shall be filed and maintained with the Clerk/Treasurer during the term of the franchise.
(e) Neither the provisions of this section nor any damages recovered by the Village thereunder shall be construed as limiting the terms, obligations or liabilities imposed under other sections of the franchise.
(f) All insurance policies maintained pursuant to the franchise shall contain the following endorsement:
“It is hereby understood and agreed that this insurance policy may not be cancelled by the surety nor the intention not to renew be stated by the surety until thirty days after receipt by the Village of Brooklyn Heights, Ohio, by registered mail, of a written notice of such intention to cancel or not to renew.”
(Ord. 16-80. Passed 5-20-80.)