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(a) By acceptance of a franchise granted herein, the grantee agrees to indemnify, defend and hold harmless the grantor, its officers, boards, commissioners, agents and employees, from any and all actions, claims, suits, penalties and judgments for damages at law or in equity of any nature whatsoever relating to, arising out of or through, or alleged to arise out of or through:
(1) The acts or omissions of the grantee, its servants, employees and agents;
(2) The conduct of its business as a cable television communications service; and
(3) The granting of a franchise to a grantee pursuant to this chapter.
(b) A grantee shall defend in the name of the grantor, and shall pay all expenses incurred in defending the grantor, with regard to all damages and penalties the City may legally be required to pay as a result of the license granted hereunder. Damages and penalties shall include, but not be limited to, damages arising out of the construction, installation, operation or maintenance of its cable communications system, whether or not any such act or omission is authorized, allowed or prohibited by this chapter or the license granted hereunder. Expenses shall include all incidental expenses, including attorney's fees, and shall also include a reasonable value of any services rendered by the office of the City Attorney, whether such services were rendered to the City or in cooperating with counsel selected by the grantee.
In all instances where a grantee may be required to indemnify the grantor, the grantor shall give prompt notification of any claims to the grantee and shall cooperate with the grantee in the defense thereof.
(Ord. 615. Passed 9-5-95.)
(c) The grantor shall indemnify and hold the grantee harmless from any damage resulting from any such acts of the grantor or its officials, boards, commissions, agents or employees in utilizing any PEG access channels, equipment or facilities, and for any such acts committed by the grantor in connection with work performed by the grantor and permitted by the franchise on or adjacent to the CATV system. Furthermore, the grantor shall indemnify and hold the grantee harmless from any claims, losses or damages arising from the use of the emergency broadcast system by the grantor or the use of a grantee's facilities during an emergency, including, but not limited to, the transportation and delivery of emergency information such as the dispatching of police, fire and/or ambulance/rescue crews.
(Ord. 620. Passed 10-30-95.)