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(A) The town hereby reserves the right to amend any section or part of this chapter.
(B) At all reasonable times, the grantee shall permit any duly authorized representative of the town to:
(1) Examine any and all financial records maintained by or under the control of the grantee relating to all revenues obtained by it from its operations under the franchise; and
(2) Inspect any and all installations owned, maintained or used by the grantee in its operations under its permit including all towers, cables and other components of the grantee’s CATV system.
(C) The grantee shall indemnify and save harmless the town, its officers and employees, from and against any and all claims, demands, actions, suits and proceedings by others, and against all liability to others, arising out of the exercise or enjoyment of its franchise, including, but not limited to, any liability for damages by reason of or arising out of any failure of the grantee to secure consents from the owners, authorized distributors of licensees of programs to be delivered by the grantee’s CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney’s fees.
(D) Concurrently with the filing of the written acceptance, as required in § 115.04, the grantee shall file with the Town Clerk, and at all times thereafter maintain in full force and effect for the term of the permit or any renewal thereof, a good sufficient liability insurance policy or policies, providing $300,000 coverage for personal injuries to each person, $500,000 coverage for all personal injuries in each accident, and $300,000 coverage for all property damage in each accident. The policy or policies shall name the town as an additional insured and shall be for the purpose of insuring the town against any and all legal liability, court costs and costs of defense for any action, including attorney fees, cause of action, claim or demand for personal injury, death or property damage arising out of the operations of the grantee under this chapter or its permit.
(E) Concurrently with the filing of the written acceptance, as required in § 115.04, the grantee shall file with the Town Clerk, and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, a cash bond (deposit) in the amount of $5,000, or good and sufficient bond in the penal sum of $5,000, executed by a surety company authorized and qualified to do business in the state. This bond shall be conditioned upon the faithful performance by the grantee of the obligations imposed by the provisions of this chapter and the franchise. This requirement is in addition to and not in lieu of the requirements of divisions (C) and (D) above.
(E) For tax purposes, the grantee shall annually furnish the town with a list of all of its lines, poles and other property within the corporate limits of the town.
(F) The grantee shall pay to the town a sum of money sufficient to reimburse it for all publication expenses (including costs of printing ordinances in code book) incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. The payment shall be made within 30 days after the town furnishes the grantee with a written statement of the expenses.
(Prior Code, § O-I-11)