(a) The franchisee shall pay and by its acceptance of the franchise specifically agrees that it will pay all damages and penalties which employees may legally be required to pay as a result of granting the franchise. These damages or penalties shall include, but not be limited to, all damages arising out of the installation, operation or maintenance of the cable television system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this chapter; as well as damages arising out of copyright infringements.
(b) The grantee shall pay and by its acceptance of the franchise specifically agrees that it will pay all expenses incurred by the Village, its officers, agents, servants or employees in defending itself or themselves with regard to all claims for damages and penalties mentioned in subsection (a) hereof above, and shall, upon demand by the Village defend and hold harmless the above in all regards hereunder.
(c) The franchisee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, from the date construction of the system is commenced and throughout the franchise, liability insurance insuring the Village and the franchisee with regard to all damages mentioned in subsection (a) hereof in the minimum amounts of:
(1) Two hundred fifty thousand dollars ($250,000) for bodily injury or death to any one person, within the limit, and five hundred thousand dollars ($500,000) for bodily injury or death resulting from any one occurrence.
(2) Two hundred thousand dollars ($200,000) for property damage as to any one claim within the limit, and five hundred thousand dollars ($500,000) for property damage resulting from any one occurrence.
(3) One million dollars ($1,000,000) for all other types of liability.
(d) The franchisee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, from the date of acceptance and throughout its term, a faithful performance bond running to the Village, with good and sufficient surety, in the sum of five thousand dollars ($5,000) upon the condition that the franchisee shall well and truly observe, fulfill, and perform each term and condition of this chapter and the franchise hereby granted, and that in case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and surety thereof by the Village for all damages approximately resulting from the failure of the franchisee to well and faithfully observe and perform any provision of this chapter and the franchise granted.
(e) The insurance policy or policies obtained by the franchisee in compliance with this section shall be approved by Council, and the same, along with written evidence of payment of required premiums, shall be filed with the Clerk-Treasurer at least ten days before construction of the system is commenced, and the franchisee shall also submit to the Village, to be filed with the Clerk-Treasurer, certificates from all companies insuring the franchisee that no policy of insurance shall be cancelled or changed except after thirty days written notice to the Village.
(Ord. 1979-25. Passed 6-19-79.)