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It is a term and condition of any license issued pursuant to this chapter that, as part of the consideration supporting the issuance of such license and the City's permission thereby to occupy and use the public rights-of-way of the City, the licensee assumes the following obligations:
A. Hold Harmless Agreement: The licensee must indemnify, protect, save and hold harmless and defend the City from and against any and all liability, losses and damages to property, or bodily injury or death to any person, including payments made under workers' compensation laws, arising out of or in any way connected with the installation, construction, reconstruction, repair, operation, disconnection or removal of the licensee's licensed communications system. The licensee must pay all reasonable expenses incurred by the City in defending itself with regard to any of the aforementioned claims, including all out of pocket expenses such as attorney fees and the value of any services rendered by the City Legal Department or any other officers or employees of the City. If any litigation on account of any such claims is commenced against the City, and upon receipt by the licensee and written notice of such litigation from the City, the licensee must defend the same at its own cost and expense. The record of any judgment rendered against the City on account of such claims is conclusive as against the licensee and entitles the City to recover the full amount thereof with interest and costs and attorney fees incurred by the City. The right of action therefor accrues to the City as soon as judgment is rendered. The City must fully cooperate with the licensee's defense of any such claim or action.
B. Liability Insurance: Immediately upon issuance of the required license, the licensee must purchase general liability insurance as is required by the City's standard Insurance Schedule A, as such schedule may from time to time be amended. The licensee must maintain such insurance coverage for as long as the licensed communications system remains in place within public rights-of- way.
C. Contractors' Insurance: The licensee's contractors or subcontractors must provide insurance as required by City's current insurance schedule for right-of-way licensees or permittees.
1. Immediately upon issuance of the required license, the licensee must file with the City Manager such bond as is required by the City Manager in conformity with such written standards relative to the amount of the bond and the qualifications of the surety as may be promulgated, and as may be amended from time to time, by the City Manager with the approval of the City Attorney.
2. The purpose for such bond is to protect the City from any and all damages and costs suffered or incurred by the City from any failure by the licensee to restore all public rights-of-way and other public property affected by the installation, construction, reconstruction, repair, operation or removal of the licensed communications system to its proper condition in accordance with City standards. Such bond must be maintained by the licensee for as long as the system remains in place within public rights-of- way and thereafter until the licensee has satisfied in full any and all obligations to the City which arise out of the licensed communications system. (Ord. 39-17, 8-21-2017)