(A) The grantee shall, at all times, keep in effect the following types of insurance coverage:
(1) Worker’s compensation upon its employees engaged in the installation or servicing of its plant and equipment within the city; and
(2) Property damage liability insurance to the extent of $250,000 aggregate; personal injury liability insurance to the extent of $500,000 aggregate; excess bodily injury and property damage of $1,000,000 aggregate; and automobile bodily injury and property damage liability combined of $1,000,000 per each occurrence.
(B) (1) The grantee shall indemnify, protect, and save harmless the city from and against losses and physical damage to property and bodily injury or death to persons, including payments made under any worker’s compensation law which may arise out of the erection, maintenance, presence, use, or removal of said attachments or poles within the city, or by any of the grantee, its agents, or employees.
(2) The grantee shall carry insurance in the amounts described in division (A)(2) above to protect the parties herein from and against all claims, demands, actions, judgments, cost, expenses, and liabilities which may arise or result, directly or indirectly, from, or by reason of, such loss, injury, or damage. The grantee shall also carry such insurance, as it deems necessary, to protect it from all claims under the worker’s compensation laws in effect that may be applicable to the grantee. All insurance required shall be and remain in full force and effect for the entire life of the rights granted hereunder. Insurance certificates evidencing such insurance coverage shall be deposited with and kept on file by the city.
(C) These damages or penalties shall include, but shall not be limited to: damages arising out of copyright infringements; and all other damages arising out of the installation, operation, or maintenance of the cable television system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this chapter.
(Prior Code, § 15-5-5)
Statutory reference:
Related provisions, see SDCL §§ 9-35-16 to 9-35-23