(a) Indemnification. The Company hereby agrees to indemnify, defend and hold harmless the City and its officers, boards, commissions, agents and employees against and from any and all claims, demands, actions, suits, liabilities and judgments of every kind and nature and regardless of the merits of the same, arising out of, occasioned by or related to the exercise or enjoyment of the renewed franchise granted pursuant to this Agreement, including costs of investigations, attorneys' fees and court costs in the defense of any actions.
(b) Insurance. At all times during the term of the franchise, the company shall obtain, pay all premiums for and file with the City Certificates of Insurance and receipts evidencing the payment of premiums for the following:
(1) A general comprehensive public liability insurance policy indemnifying, defending and saving harmless the City, its officers, boards, commissions, agents and employees from any and all claims by any person or persons whatsoever on account of injury to or death of a person or persons occasioned by the operations of the Company under the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of five hundred thousand dollars ($500,000) for personal injury or death of any one person and one million dollars ($1,000,000) for personal injury or death of any two or more persons in any one occurrence.
(2) Property damage insurance indemnifying, defending and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of the Company under the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of two hundred fifty thousand dollars ($250,000) for property damage to any one person and five hundred thousand dollars ($500,000) for property damage to two or more persons in any one occurrence.
(3) One million dollars ($1,000,000) for all other types of liability. Such insurance shall be kept in full force and effect by the Company during the existence of and until after the removal of all poles, the removal wires, cables, underground conduits, manholes, and other conductors and fixtures incident to the maintenance and operation of the Company as defined in the franchise.
(4) The Company shall also carry such insurance as it deems necessary to protect it from all claims under the Worker's Compensation Laws in effect that may be applicable to the Company.
All of the foregoing insurance contracts shall be in the form satisfactory to the City and shall be issued and maintained by companies authorized to do business in the State of Ohio and reasonably acceptable to the City and they shall require thirty days written notice of any cancellation to both the City and the Company, and copies of said policies or certificates of insurance fully evidencing the policies, their provisions and limits of liability shall be filed with the City. In the event of such cancellation, Company agrees to have an alternate policy of insurance in effect at or prior to the termination of such cancelled policy in order that there shall be no lapse in the coverage required by this Section. Notice of such alternate policy shall be given to the City by the new insurance company at the earliest date possible pursuant to the rules of such insurance company.
(Ord. 91-102. Passed 10-21-91.)