(A) The company hereby agrees to indemnify, defend and save whole and harmless the municipality and its officers and employees from liability and related expenses (including reasonable attorneys’ fees) of any kind which arise from the construction, operation and maintenance of the system by the company. The municipality shall notify the company in the event any person shall in any way notify the municipality of any claim or demand from which the company may be subject to liability under this section or otherwise. The indemnification provisions of this section shall include liability or claims of liability with respect to property damage, personal injury, invasions of the right of privacy, defamation of any person, the violation of infringement of any copyright, trademark, trade name, service mark or patent, except that the company shall have no liability arising out of the use or operation of any public or leased access channels as provided in Section 638 of the Cable Act.
(B) (1) The company shall keep the system continuously insured against such risks as are customarily insured against by businesses of like size and type, including, but not limited to:
(a) Insurance to the extent of $500,000 per occurrence against liability for bodily injury including death and to the extent of $500,000 per occurrence against liability for damage to property including loss of use, occurring on, arising out of or in any way related to the system.
(b) During any period of construction, adequate coverage to meet liability under Illinois law.
(c) Workmen’s compensation insurance within statutory limits and employer’s liability insurance of not less than $100,000.
(d) Comprehensive automobile liability insurance to the extent of $500,000 per occurrence against liability for bodily injury including death and to the extent of $500,000 per occurrence against liability for damage to property including loss of use occurring on, arising out of, or in any way related to the system.
(2) This division (B) shall not be a limit of the company’s undertaking provided in division (A) of this section.
(C) The company shall designate the municipality and all of its officers and employees as additional insureds on all insurance policies referred to in this section. All such policies shall provide that the issuing insurance company will not cancel them without 30-days’ prior notice to the company and the municipality. All such policies shall be issued by and maintained with generally recognized responsible insurance companies qualified to do business in the State of Illinois maintaining a Bests Rating of not less than A-11.
(Ord. 1416, passed 5-25-1993)