(A) The company shall indemnify and hold the city harmless at all times during the term of this grant from and against all claims for injury or damages to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any structures, equipment, appliance or product provided by or through the company, including but not limited to any injury or damages arising from violations of the law of copyright, slander, libel, obscenity, indecency or other similar laws.
(B) The company shall, at all times during the existence of this permit or franchise, carry and require his contractors to carry:
(1) Insurance to protect the city and itself from and against any and all claims for injury or damage to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any structure, equipment, appliance or products authorized or used pursuant to authority of this chapter, and the amount of such insurance against liability due to damage to property shall be not less than $500,000 as to any one person, accident and against liability due to injury or death of person(s). Riders for said policies shall be furnished to the city showing the interest of said city in said policies.
(2) Workmen's Compensation insurance in compliance with the laws of the state.
(3) Automobile Insurance with personal injury limits of not less than $100,000 - $300,000, and automobile property damage insurance with a limit of not less than $25,000 to cover all automobile equipment.
(C) The company, upon receipt of due notice in writing from the city, shall defend at its own expense any action or proceedings against the city in which it is claimed that the injury or damage arose from the company's activities in the construction or operation of its television system, and in the event of a determination of liability, shall indemnify the city. More particularly, the company does hereby agree to indemnify and hold harmless the city from any and all liability, claims, demands or judgments growing out of any injury to any person or property as a result of the violation or failure on the part of the company to observe its proper duty, or because of negligence in whole or in part arising out of the construction, repair, extension, maintenance or operation of its distribution lines, with this permit or franchise, or because of any other action by the company which results in any claim against the city, including but not limited to challenges to the validity of the franchise, or claims that programming cablecast by the company violated applicable law.
(Ord., passed 8-25-92)