(A) A licensee must have the following insurance coverage in force at all times during the license period:
(1) Workmen's compensation insurance to meet all state requirements.
(2) General comprehensive liability insurance not less than $1,000,000 per occurrence, $1,000,000 per aggregate limit, and $1,000,000 for property damage; and
(3) Automobile liability insurance covering all vehicles as specified in the license but not less than $1,000,000 per occurrence, $1,000,000 per aggregate limit, and $1,000,000 for property damage; and
(4) Any additional types of insurance and coverage amounts as the town may require. All insurance policies must be with sureties qualified to do business in the state and in a form approved by the Town Attorney. The town may accept a self-insurance plan that assures comparable protection in lieu of these insurance policies.
(B) To ensure the licensee's performance of license obligations, a licensee must have in force at all times during the license period, a bond in a form approved by the Town Attorney, consisting of cash, an irrevocable letter of credit, or a performance bond. A performance bond must be provided by a surety qualified to do business in the state. The bond must be to the benefit of the town or to other parties as necessary to ensure the faithful performance and discharge of obligations imposed by law and the license agreement. Except for an incumbent licensee, the minimum bond amount must not be less than $250,000.
(C) A licensee must, at its sole cost and expense, indemnify, hold harmless, and defend the town, its officials, boards, commissions, agents, and employees, against any claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance, or operation of its cable system regardless of whether the act or omission complained of is authorized, allowed or prohibited by the license. This requirement includes claims arising out of copyright infringement or a failure by the licensee to secure consent from the owner, authorized distributor, or licensee of a program to be delivered by the cable system.
(D) In an overbuild situation, the town may require written agreements from a new provider or overbuilder to indemnify the incumbent for any damages or outages the incumbent experiences arising from the construction and maintenance if the overbuilder's or new licensee's respective systems. The town may also require mutual indemnification from all providers for any damage to facilities and services caused by construction or maintenance of their respective cable systems.
(E) To the fullest extent permitted by law, licensee shall defend, indemnify and hold harmless the town, its agents, officers, officials and employees from and against all tort claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted either wholly or in part from the acts, errors, mistakes, omissions, work or services of the licensee, its agents, employees, contractors or subcontractors in the performance of this agreement, and regardless of whether or not such claim, damages, loss or expenses are caused in part by the town. By law, the town and its employees may not be indemnified and held harmless in cases where the town or its employees cause willful damage or loss to a system, and may also be responsible for such claims, damages and losses, should they occur.
(F) Licensee's duty to defend, hold harmless and indemnify the town, its agents, officers, officials and employees shall arise in connection with any tort claims, damages, losses or expenses that are attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting there from, caused either wholly or in part by licensee's acts, errors, mistakes, omissions, work or services in the performance of this agreement including any employee of the licensee or any other person for whose acts, errors, mistakes, omissions, work or services the licensee may be legally liable, and regardless of whether or not such claim, damages, losses or expenses are caused in part by the town.
(G) The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this division.
(Prior Code, Ch. 18, Art. V, § 18-309) (Ord. 343-04, passed 6-21-2004; Ord. 366-05, passed 3-7-2005)