A. The grantee shall, concurrently with the filing of its acceptance of this franchise, furnish to the City and file with the City Clerk, and at all times during the existence of this franchise, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the minimum amount of one million dollars, in a company approved by the City Manager and in a form satisfactory to the City Attorney, indemnifying and saving harmless the City, its officers and employees from and against any and all claims, demands, actions, suits, and proceedings by others, against all liability to others, except as a result of an intentional act or gross negligence on the part of the City, its officers, and employees, including but not limited to any liability for damages by reason of or arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensors of programs to be delivered by the grantee's CATV system, and against any loss, cost, expense and damage resulting therefrom, including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder. Grantee shall control any and all litigation and any adjustment, settlement or compromise thereof resulting from such claims, demands, actions, suits, and proceedings. Approval of the company by the City Manager referred to above shall not be unreasonably withheld.
B. The grantee shall, concurrently with the filing of its acceptance of this franchise, furnish to the City and file with the City Clerk, and at all times during the existence of this franchise, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, its officers, boards, commissions, agents and employees, in a company approved by the City Manager and a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss of damage for personal injury, death and property damage, occasioned by the operations of grantee under this franchise, with minimum liability limits of five hundred thousand dollars for personal injury or death of any one person and one million dollars for personal injury or death of two or more persons in any one occurrence, and one hundred thousand dollars for damage to property resulting from any one occurrence.
C. Grantee shall provide City with evidence of insurance which shall contain an endorsement naming the City as additional insured and that such endorsement shall be primary to City's coverage. The certificate of evidence of insurance must contain the statement that the City Clerk shall be given at least thirty days' prior notice in the event of cancellation or substantial alteration of coverage. The endorsement as outlined above shall be received prior to commencement of grantee's activity. (Ord. 2326 § 1 (part), 1980).