(A) Unless a franchise agreement specifies otherwise, the following insurance coverage shall be in force at all times during the franchise period: Workers' Compensation Insurance to meet all state requirements; and general comprehensive liability insurance with respect to the constructions operation and maintenance of a cable system, including the operation of motor vehicles, in the following minimum amount: $1,000,000 per occurrence combined single limits for bodily injury, including death and property damage.
(B) A franchisee must, at its sole cost and expense, indemnify, hold harmless and defend the city, its officials, boards, commissions, agents and employees against any and all claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance or operation of the franchisee's cable system regardless of whether the act or omission complained of is authorized, allowed or prohibited by the franchise. This provision includes, but is not limited to claims arising out of copyright infringements or a failure by the franchisee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the cable system. This section shall not require a private franchisee to indemnify the city (or its agents, including those enumerated above) for any liabilities incurred by a municipally-owned cable system, or where the liability results from the intentional wrongdoing or misconduct of the city (or its agents, including those enumerated above).
(C) (1) The franchise agreement may require the franchisee to have in force at all times a performance bond or an irrevocable letter of credit in an amount as necessary to ensure the faithful performance by the franchisee of its obligation under the franchise agreement.
(2) The surety instruments must be provided by an entity qualified to do business in the Commonwealth of Kentucky and in a form approved by the City Attorney.
(1989 Code, § 115.22) (Ord. 1988, passed 11-9-1992)