711.09  LIABILITY AND INDEMNIFICATION.
   (a)   It shall be expressly understood and agreed by and between the City and any grantee hereunder that the grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand which the City may legally be required to pay as a result of the enactment of this chapter and the award of a franchise hereunder.
   (b)   It shall be expressly understood and agreed by and between the City and any grantee hereunder that the grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever arising out of but not limited to copyright infringements and all other damages arising out of the installation, operation or maintenance of the broadband telecommunications network authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter and any franchise granted hereunder.
   (c)   The grantee shall pay and by his acceptance of any franchise granted hereunder agrees that he shall pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in subsections (a) and (b) hereof.  These expenses shall include all out-of-pocket expenses, such as consultant or attorney fees, and shall also include the reasonable value of any services rendered by the City Attorney or his staff or any other employees of the City.
   (d)   The grantee shall maintain and by his acceptance of any franchise granted hereunder agrees that he shall maintain throughout the term of the franchise, a general comprehensive liability insurance policy naming as a coinsured, the City, its officers, boards, commissions, agents and employees, in a company approved by the Mayor or his appointee and in a form satisfactory to the Mayor or his appointee, 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 the amounts of:
      (1)   One hundred thousand dollars ($100,000) for bodily injury or death to any one person, within the limit, however, of three hundred thousand dollars ($300,000) for bodily injury or death resulting from any one accident; and
      (2)   One hundred thousand dollars ($100,000) for property damage resulting from any one accident.
   (e)   The insurance policies mentioned in subsection (d) hereof shall be obtained from the same company and shall contain an endorsement stating that the policies are extended to cover the liability assumed by the grantee under the terms of this section 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 thirty days after receipt by the Clerk-Treasurer by registered mail of a written notice of such intent to cancel or reduce the coverage.
   (f)   The grantee shall maintain, and by his acceptance of any franchise granted hereunder agrees that he shall maintain throughout the term of the franchise a faithful performance bond running to the City, with at least two good and sufficient sureties approved by the Mayor or his appointee in the penal sum of fifty thousand dollars ($50,000) conditioned that the grantee shall well and truly observe, fulfill and perform each term and condition of this chapter and any franchise granted hereunder and that in case of any breach of condition of the bond, the amount thereof shall be forfeited to the City as liquidated damages.  Provided that twelve months after the system is substantially completed, the City may reduce or remove the above bond.  The bond shall contain the following endorsement:  It is hereby understood and agreed that this bond may not be canceled nor the intention not to renew be stated until thirty days after receipt by the Clerk-Treasurer by registered mail of a written notice of such intent to cancel or not renew.
   (g)   All bond, policies of insurance or certified copies thereof and written evidence of payment of required premiums shall be filed and maintained with the Clerk-Treasurer during the term of any franchise granted hereunder.
   (h)   Neither the provisions of this section or any bond accepted by the City pursuant hereto, nor any damage recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder for damages, either to the full amount of the bond or otherwise.
(Ord. 29-1972.  Passed 3-5-73.)