11-1-2: COMPANY LIABILITY:
The company shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the village and to such regulations as the village may, by resolution or ordinance, hereafter provide. It is expressly understood and agreed by and between the company and village that the company shall save the village harmless from all loss sustained by the village on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the company in the construction or maintenance of its telecommunications system in the village. The village shall notify the company's representative in writing at P.O. Box 550, Tularosa, NM 88352, within ten (10) days after the service of process in a suit against the village on account of any negligence as aforesaid on the part of the company. Failure to promptly notify the company as required above shall operate as release of the company's obligation to save the village harmless regarding the claim or demand if such failure of notice results in substantial harm to the company. The village will forward a copy of any notice of claim made under the state tort claims act involving the company within a reasonable period of time. (Ord. 371, 3-15-2016)