(a) Disclaimer of liability. shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of the construction, maintenance, repair, use, operation, condition or dismantling of company’s or company’s provision of cable service.
(b) Indemnification. shall, at its sole cost and expense, indemnify and hold harmless and its affiliates, now existing or hereinafter created, and their respective officers, boards, commissions, attorneys, agents and employees (hereinafter referred to as “indemnitees”), from and against:
(1) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys), whether legal or equitable, which may be imposed upon, incurred by or be asserted against the indemnitees by reason of any act or omission of
, its personnel, employees, agents, contractors, subcontractors or affiliates, which may arise out of or be in any way connected with the construction, installation, operation, maintenance or condition of the
or other company property (including those arising from any matter contained in or resulting from the transmission of signals over the system and including any claim or lien arising out of work, labor, materials or supplies provided or supplied to company, its contractors or subcontractors), the provision of
, other services or company’s failure to comply with any federal, state or local statute, ordinance or regulation.
(2) Any claim asserted or liability imposed upon the indemnitees for personal injury or property damage to any person arising out of the installation, operation, or maintenance or condition of the
or company’s failure to comply with any federal, state or local statute, ordinance or regulation.
(c) Assumption of risk. undertakes and assumes for its officers, agents, contractors and subcontractors and employees, all risk of dangerous conditions, if any, other than those created through or maintained as a result of gross negligence, on or about any owned or controlled property, including , and company hereby agrees to indemnify and hold harmless the indemnitees against and from any claim asserted or liability imposed upon the indemnitees for personal injury or property damage to any person arising out of the installation, operation, maintenance or condition of the or other property or company’s failure to comply with any federal, state or local statute, ordinance or regulation.
(d) Defense of indemnitees. In the event any action or proceeding shall be brought against the indemnitees by reason of any matter for which the indemnitees are or may be indemnified hereunder, shall, upon notice from any of the indemnitees, at company’s sole cost and expense, resist and defend the same with legal counsel reasonably acceptable to municipality; provided, however, that company shall not admit liability in any matter on behalf of the indemnitees without the written consent of municipality.
(e) Notice, cooperation and expenses. shall give prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent municipality from cooperating with company and participating in the defense of any litigation by municipality’s own counsel at its’ expense.
(f) Insurance. At all times during the term of this , including any time for removal of facilities or restoration, shall obtain, maintain and pay all premiums for all insurance policies described in this section. Within 30 days from the of this franchise, company shall file with certificates of insurance evidencing coverage. Failure to obtain and maintain any insurance policy required by this section shall be deemed a material breach, of this franchise and may be grounds for termination of this franchise.
(1) Property damage liability. One million dollars per occurrence with a $10,000,000 umbrella policy. The property damage insurance required by this section shall indemnify, defend and hold harmless company and and the respective officers, boards, commissions, agents and employees of each from and against all claims made by any person for property damage caused by the operations of under the herein granted or alleged to have been so caused or alleged to have occurred.
(2) Comprehensive public liability. One million dollars per occurrence with a $10,000,000 umbrella policy. The comprehensive public liability insurance required by this section shall include coverage for sudden and accidental environmental contamination and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage, and shall indemnify, defend, and hold harmless and and the respective officers, boards, commissions, agents, and employees of each from any and all claims made by any person on account of injury to, or death of a person or persons caused by the operations of company under this , alleged to have been so caused or alleged to have occurred.
(3) Comprehensive automobile liability. One million dollars ($1,000,000) per occurrence with a $10,000,000 umbrella policy. The comprehensive automobile liability insurance required by this section shall indemnify, defend and hold harmless and and the respective officers, boards, commissions, employees and agents of each from any and all claims made by any person on account of collision, personal injury or property damage caused by use of any owned, hired, or non-owned motor vehicles used in conjunction with the rights herein granted or alleged to have been so caused or alleged to have occurred.
(4) Workers’ compensation. Workers’ compensation coverage which meets all requirements of any applicable state workers’ compensation or comparable laws.
(g) Cancellation or change. The insurance policies called for herein shall require 30 calendar days written notice to and of any cancellation or change in the amount of coverage. Company shall in the event of any cancellation notice, obtain, maintain, pay all premiums for, and file with municipality written evidence of payments of premiums for an appropriate replacement insurance policies so canceled within 30 calendar days following receipt by municipality or company of notice of cancellation.
(h) No limitation of liability. No recovery by of any sum by reason of any insurance policy required by this shall be any limitation upon the liability of to municipality or to other persons.
(i) Qualified carriers. All insurance shall be effected under valid and enforceable policies insured by insurance carriers licensed to do business in the state or by surplus line carriers on the State Insurance Commissioner’s approved list of companies qualified to do business in the state. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best .
(Ord. passed 9-5-2001)