The grantee shall indemnify and pay and, by its acceptance of this franchise specifically agrees that, it will indemnify and pay the following:
(A) Damages and penalties. All damages or penalties which the county, its officers, agents, or employees, may legally be required to pay as result of damages arising out of copyright infringements and all other damages arising out of the installation, maintenance, or operation of the grantee's CATV system, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise; and
(B) Expenses. All expenses incurred by the franchise area in defending itself, its officers, agents, or employees, against any and all claims for damages or penalties described in division (A) above. These expenses shall include all out-of-pocket expenses, such as, but not limited to, attorney fees, witness fees, and court costs and shall also include the reasonable value of any services rendered by officers or employees of the county.
(C) Intent of section. It is the intent of this section and by its acceptance of this franchise, the grantee specifically agrees that it shall indemnify and hold the county, its officers, agents, and employees, harmless from all liability, damage, cost, or expense arising from claims for injury to persons, damage to property or penalties occasioned by reason of any conduct undertaken by reason of this franchise. The franchise area shall not and does not by reason of the granting of this franchise, assume any liability of the grantee whatsoever for injury to persons, damage to property, or penalties.
(D) Claims. The franchise area shall notify the grantee in writing within a reasonable time after the presentation of any claim or demand, either by suit or otherwise, made against the franchise area relative to the foregoing. Where any claim or demand against the franchise area is made by suit or other legal action, written notice shall be given by the franchise area to the grantee in the defense of the proceeding. Failure of the franchise area to so notify the grantee shall not release the grantee from its obligation to indemnify the franchise area.
(Prior Code, § 92.10) (Ord. 966E, passed 2-22-1982; Ord. 1061A, passed 5-9-1989)