A. Provisions:
1. Indemnification Of City:
a. City, its officers, boards, committees, commissions, elected officials, employees and agents shall not be liable for any loss or damage to any real or personal property of any person, or for any injury to or death of any person, arising out of or in connection with grantee's construction, operation, maintenance, repair or removal of the system or as to any other action of grantee with respect to this franchise.
b. Grantee shall indemnify, defend, and hold harmless City, its officers, boards, committees, commissions, elected officials, employees and agents, from and against all liability, damages, and penalties which they may legally be required to pay as a result of the City's exercise, administration, or enforcement of the franchise, except because of City's own programming.
c. Nothing in this franchise relieves a person, except City, from liability arising out of the failure to exercise reasonable care to avoid injuring the grantee's facilities while performing work connected with grading, regarding, or changing the line of a right-of-way or public place or with the construction or reconstruction of a sewer or water system.
d. In order for City to assert is rights to be indemnified, defended, and held harmless, City must with respect to each claim:
(1) Promptly notify grantee in writing of any claim or legal proceeding which gives rise to such right;
(2) Afford grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of any claim or proceeding; and
(3) Fully cooperate with reasonable requests of grantee, at grantee's expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to subsection A1d(2) of this section.
2. Insurance:
a. As a part of the indemnification provided in subsection A1 of this section, but without limiting the foregoing, grantee shall file with City at the time of its acceptance of this franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including broadcaster's/cablecaster's liability and contractual liability coverage, in protection of the grantee, and the City, its officers, elected officials, boards, commissions, agents and employees for any and all damages and penalties which may arise as a result of this franchise. The policy or policies shall name the City as an additional insured, and in their capacity as such, City officers, elected officials, boards, commissions, agents and employees.
b. The policies of insurance shall be in the sum of not less than three hundred thousand dollars ($300,000.00) for personal injury or death of any one person, and one million dollars ($1,000,000.00) for personal injury or death of two (2) or more persons in any one occurrence, three hundred thousand dollars ($300,000.00) for property damage to any one person and one million dollars ($1,000,000.00) for property damage resulting from any one act or occurrence.
c. The policy or policies of insurance shall be maintained by grantee in full force and effect during the entire term of the franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of grantee or for other reasons, except after sixty (60) days advance written notice have been provided to City. (Ord. 319, 9-5-2017)