(A) Indemnification. The franchisee to the maximum extent permitted by law, hereby releases the city from and against any and all liability and responsibility in or arising out of the construction, operation or maintenance of the cable system. Franchisee further agrees not to sue or seek any money or damages from the city in connection with the above-mentioned matters. The franchisee further agrees to indemnify and hold harmless the city from and against any and all claims, demands or causes of action of whatsoever kind or nature and from the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments or decrees sustained by the city or any third party arising out of, by reason of or resulting from or of the acts, errors or omissions of the franchisee, its agents, independent contractors or employees related to or in any way arising out of the construction, operation, maintenance or repair of the cable system. The franchisee further covenants and represents the indemnification provision shall survive the term of the franchise and continue in full force and effect as to the responsibility to indemnify. For purposes hereof, the term CITY refers to the city of hopkinsville, its trustees, elected and appointed officers, agents and employees.
(B) Insurance.
(1) The franchisee shall maintain throughout the term of the franchise and for such additional period prescribed by HCO § 100.05(B) adequate insurance to protect the city, and its residents, in a form and in amounts as the city may prescribe by ordinance. The franchisee must provide evidence it has insurance, in the form and in at least the amounts as required HCO § 100.05(B) prior to the effective date of the franchise. The franchisee is responsible for ensuring all contractors and subcontractors also have insurance in the amount and in the form required by HCO § 100.05(B), and shall not allow any contractor or subcontractor to commence work on its contract or subcontract until all similar such insurance required of the same has been obtained and approved. If the franchisee, its contractors or subcontractors do not have the required insurance, the city may order such entities to stop operations until the insurance is obtained and approved.
(2) Certificates of insurance, containing the endorsements and proofs required by HCO Chapter 100, shall be filed as provided in HCO Chapter 100. Copies of the insurance policies must be provided upon request.
(3) The franchisee's operations as granted pursuant to the franchise are sufficiently limited that the requirements contained in HCO § 100.05(C), entitled Surety Instruments, are therefore waived.
(Ord. 02-2007, passed 1-16-2007)