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(A) The operator shall not be excused from complying with any of the requirements of this chapter, or any subsequently adopted amendments to this chapter, by any failure of the city on any one or more occasions to seek, or insist upon, compliance with such requirements or provisions.
(B) This chapter and the rights and responsibilities it imposes on the operator may not be unilaterally amended without the prior written consent of the operator.
(Ord. O-19-08, passed 11-11-08)
To the extent that there is any resolution or ordinance which in part, or in whole, is directly inconsistent with this chapter, such part, or such whole, of the prior resolution or ordinance shall be repealed to the extent of the inconsistency.
(Ord. O-19-08, passed 11-11-08)
In any case of an actual inconsistency between any provision or section of this chapter, and any provision or section of a federal or Kentucky rule, regulation, or law, then the federal or Kentucky rule, regulation, or law shall not only supersede the effect of this chapter, but also control in any local application.
(Ord. O-19-08, passed 11-11-08)
Both the city and the operator shall provide the other party with the name and address of the contact person designated to receive notices, filings, reports, records, documents, and other correspondence. All notices shall be delivered to each party's contact person by certified mail, return receipt requested, personal service with a signed receipt of delivery, or overnight with receipt verification. All other filings, reports, records, documents, and other correspondence may be delivered by any permissible means including, but not limited to: facsimile transmission ("faxing"); electronic mail ("email") personal service; overnight mail or package delivery; or delivery via cable. The delivery of all notices, reports, records, and other correspondence shall be deemed to have occurred at the time of receipt (unless otherwise designated by state law).
(Ord. O-19-08, passed 11-11-08)
(A) To the extent permitted by law, the operator shall at all times defend, indemnify, protect, save harmless, and exempt the city, Mayor and City Council members, their officers, and employees from any, and all, penalty, damage, or charges arising out of claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might be claimed now or in the future, which may arise out of, or be caused by, the construction, erection, location, products performance, operation, maintenance, repair, installation, replacement, removal or restoration of the system within the city by a negligent act or omission of the operator, its agents or employees, contractors, subcontractors, independent contractors, or implied or authorized representatives. With respect to the penalties, damages or charges referenced herein, attorneys' fees are included as those costs which may be recovered by the city.
(B) The city, Mayor, and City Council specifically reserve the right to retain counsel of their own choice, at their own expense.
(C) If the operator obtains counsel for the city, the Mayor, or the City Councilpersons, then any one of them shall have the right to approve counsel, provided, however, that the city shall not unreasonably withhold their approval of counsel.
(D) With respect to the operator's own defense of such actions noted in this section, it is understood that such operator reserves the right to select and retain, without the city's approval, counsel of the operator's choice, at the operator's own expense.
(Ord. O-19-08, passed 11-11-08)
(A) The franchisee shall maintain insurance from companies approved by the city, such approval not to be unreasonably withheld, to protect the city and the franchisee and their officers, agents and employees from and against claims caused by the construction, erection, operation or maintenance of any aspect of the system. The amount of such insurance shall be no less than the following:
(1) Commercial General Liability Insurance:
Per occurrence $5,000,000
Products and completed operations aggregate $5,000,000
Property damage general aggregate $5,000,000
(2) Commercial Automobile Insurance:
Per occurrence $5,000,000
(B) These limits may include self-insured retentions. Workers' compensation shall also be provided as required by the laws of the Commonwealth of Kentucky. Commercial general and automobile insurance shall include the city, as additional insured for their vicarious liability and shall provide 30 days notice to the city in the event of cancellation of any coverage afforded in said policies prior to the date said cancellation shall become effective. Certificates of insurance certifying the policies required hereunder shall be furnished to and filed with the City Clerk prior to the commencement of operations or the expiration of prior certificates, as the case may be.
(Ord. O-19-08, passed 11-11-08)
(A) The operator shall timely submit those reports, statements, and logs required by this franchise.
(B) Certificates of insurance for renewal or replacement insurance policies shall be delivered to the city at least 15 days before the expiration of the insurance which such policies are to renew or replace.
(C) The operator shall submit a report to the city, within 90 days after the close of each quarter of its fiscal year, which contain for the previous quarter:
(1) A customer complaint log which identifies service related complaints by customers and the resolution of those complaints;
(2) The number of additional subscribers to the system;
(3) Changes that have occurred in the programming offered by the system;
(4) Additional line extensions and construction activity;
(5) A compliance report on the system's compliance with the franchise's customer service standards;
(6) A list of all reports and petitions filed by the system with the Federal Communications Commission; and
(7) A compliance report certifying that the system complies with federal signal leakage tests and all other federally mandated tests. If said tests reveal noncompliance, the nature of noncompliance shall be specified.
(Ord. O-19-08, passed 11-11-08)
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