(a) To the fullest extent permitted by law, all Permittees shall, at their sole cost and expense, fully indemnify, defend and hold harmless the City, its officers, public officials, boards and commissions, agents, and employees from and against any and all lawsuits, claims (including without limitation worker's compensation claims against the City or others), causes of actions, actions, liability, and judgements for injury or damages (including but not limited to expenses for reasonable legal fees and disbursements assumed by the City in connection
therewith) as follows:
(1) To persons or property, in any way arising out of or through the acts or omissions of Permittee, its subcontractors, agents or employees attributable to the occupation by the Permittee of the Right-of-Way, to which permittee's negligence shall in any way contribute, and regardless of whether the City's negligence or the negligence of any other party shall have contributed to such claim, cause of action, judgement, injury or damage.
(2) Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent or any other right of any person, firm or corporation by the Permittee, but excluding claims arising out of or related to City programming.
(3) Arising out of Permittee's failure to comply with the provisions of any federal, state or local statute, ordinance or regulation applicable to Permittee in its business hereunder.
(b) The foregoing indemnification is conditioned upon the City:
(1) Giving Permittee prompt notice of any claim or the commencement of any action, suit or proceeding for which indemnification is sought;
(2) Affording the Permittee the opportunity to participate in and fully control any compromise, settlement, or other resolution or disposition of any claim or proceeding subject to indemnification; and
(3) Fully cooperating in the defense of such claim and making available to the Perrnittee all pertinent information under the City's control.
(c) The City shall have the right to employ separate counsel in any such action or proceeding and to participate in the investigation and defense thereof, and the Permittee shall pay the reasonable fees and expense of such separate counsel, if employed with the approval and consent of the Permittee, or if representation of both Permittee and the City by the same attorney would be inconsistent with accepted canons of professional ethics.
(d) Each Telecommunication or Utility Permittee shall maintain insurance coverage (or self-insurance coverage by Permittees having capitalization in excess of fifty million dollars ($50,000,000), as determined by the Director) as follows:
(1) General liability insurance. Such Permittee shall maintain, and by its acceptance of any Permit granted hereunder specifically agrees that it will maintain throughout the term of the Permit, general liability insurance insuring the Permittee in the minimum amount of:
A. One million dollars ($1,000,000) per occurrence;
B. Two million dollars ($2,000,000) annual aggregate;
C. One million dollars ($1,000,000) excess general liability per occurrence and annual aggregate.
Such general liability insurance must be written on a comprehensive coverage form, and provide, at a minimum, the following coverage: premises/operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.
(2) Automobile liability insurance: Such Permittee shall maintain, and by its acceptance of any Permit granted hereunder specifically agrees that it will maintain throughout the term of the Permit, automobile liability insurance for owned, non-owned, or rented vehicles used by it in the minimum amount of:
A. One million dollars ($1,000,000) per occurrence; and
B. One million dollars ($1,000,000) excess automobile liability per occurrence.
(3) Worker's compensation and employer's liability insurance. Such Permittee shall maintain and by its acceptance of any Permit granted. hereunder specifically agrees that it will maintain throughout the term of the Permit, Worker's Compensation and employer's liability insurance, valid in the State of Ohio, in the minimum amount of:
A. Statutory limit for Worker's Compensation;
B. One million dollars ($1,000,000) for employer's liability per occurrence; and
C. One million dollars ($1,000,000) excess employer liability.
(e) The liability insurance policies required by this section shall be maintained by the Permittee throughout the term of the Permit, and such other period of time during which the Permittee is operating without a Permit hereunder, or is engaged in the removal of its telecommunication or utility facilities. Each such insurance policy shall contain the following endorsement:
It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until ninety (90) days after receipt by the City, by registered mail, of a written notice addressed to the Director of such intent to cancel or not to renew.
Within sixty days after receipt by the City of said notice, and in no event later than thirty days prior to said cancellation, the Permittee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section.
(Ord. 97-36. Passed 12-1-97.)