(A) The grantee shall save the city harmless from all loss sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever against the city resulting from negligence on the part of the grantee in the construction, operation or maintenance of its cable television system in the city. For this purpose, the grantee shall carry property damage and personal injury insurance with some responsible insurance company or companies qualified to do business in the state. The amounts of the insurance to be carried for liability due to property damage shall be $300,000 as to any 1 occurrence; and against liability due to injury to or death of persons, $1,000,000 as to any one person and $3,000,000 as to any 1 occurrence.
(B) The city shall notify the grantee, in writing, within 10 days after the presentation of any claim or demand, either by suit or otherwise, made against the city on account of any negligence on the part of the grantee. Where any claim or demand against the city is made by suit or other legal action, written notice thereof shall be given by the city to the grantee not less than 5 days prior to the date upon which an answer to the legal action is due or within 10 days after the claim or demand is made upon the city, whichever notice yields the grantee the larger amount of time within which to prepare an answer. Failure by the city to properly notify the grantee in accordance with the foregoing of any claim, suit or demand against the city shall not release the grantee from its obligation to indemnify the city as provided herein unless the grantee is prejudiced in the defense of the claim or demand.
(Prior Code, § 115.10) (Ord. 4565, passed 11-13-1979) Penalty, see § 115.99