The Company shall maintain its facilities as to afford all reasonable protection against injury or damage to persons or property therefrom, and the Company shall save and hold the City harmless from all liability or damage and all reasonable expenses necessarily incurred by the City arising out of the exercise by the Company of the rights and privileges hereby granted, provided that such liability or damage was not caused by the City. The Company shall maintain public liability insurance in an amount not less than one million dollars ($1,000,000.00), and the City shall be identified as a named insured of the Company on said public liability insurance. Upon request of the City, the Company shall furnish to the City Attorney evidence from its insurance carriers, which demonstrates compliance with this Section, as a confidential document. The City will provide notice to the Company of the pendency of any claim or action against the City arising out of the exercise by the Company of its franchise rights. The Company will be permitted, at its own expense, to appear and defend or to assist in defense of such claim.
(Prior agmt. 7-1-2002)