(A) Liability and indemnification of city. The cable system franchisee shall indemnify and hold harmless the city, its officers and employees at all times during the term of the franchise and specifically agrees that it will pay all damages and penalties which the city may be legally required to pay as a result of granting the franchise. Such damages and penalties shall include, but not be limited to, damages arising out of copyright infringements and other damages arising out of the installation, operation or maintenance of the CATV system, whether or not any act or omission complained of is authorized, allowed or prohibited by the franchise. If suit shall be filed against the city either independently or jointly with the franchisee, upon notice to it by the city, the franchisee shall defend the city against the action. If a final judgment shall be obtained against the city, either independently or jointly with the franchisee solely by reason of the acts of the franchisee, the franchisee will pay the judgment and all costs and hold the city harmless therefrom.
(B) Insurance. Insurance shall be required in such forms and in such companies as shall be approved by the city, such approval not to be unreasonably withheld, to protect the city and the franchisee from and against any and all claims, injury or damage to persons or property, both real and personal, caused by the construction, erection, operation or maintenance of any aspect of the system. The amount of such insurance shall be not less than the following:
(1) Comprehensive general liability insurance with minimum limits of $2,000,000 as the combined single limit for each occurrence of bodily injury, personal injury and property damage. Automobile liability insurance with personal protection insurance and property insurance in compliance with the provisions of Michigan's No-Fault Insurance Law, including residual liability insurance with minimum limits of $2,000,000 as the combined single limit for each occurrence. Worker's compensation insurance meeting Michigan statutory requirements and employer's liability insurance with minimum limits of $1,000,000 for each accident.
(2) Broadcasters liability coverage for loss or damage arising out of publications or utterances in the course of or related to advertising, broadcasting, telecasting or other communication activities conducted by or on behalf of franchisee with minimum limits of $1,000,000 as the combined single limit for each occurrence.
(3) All insurance coverage shall provide a 60 day notice to the City Clerk for material alteration or cancellation of any coverage afforded in the policies prior to the date the material alteration or cancellation shall become effective and shall name the city and its officers and employees as additional insureds.
(4) Copies of all policies required under this subsection shall be furnished to and filed with the City Clerk, prior to the commencement of operations or the expiration of prior policies, as the case may be.
(C) Liability. Neither the provisions of this section nor any bonds accepted by the city pursuant to this section nor any damage recovered by the city thereunder shall be construed to excuse unfaithful performance by the franchisee or limit the liability of the franchisee under this chapter or the franchise for damages, either to the full amount of the bond or otherwise.
(1993 Code, § 18-63) (Ord. passed 5-29-2001)