(A) A licensee under this chapter shall indemnify the City and hold it harmless from any and all losses, claims, actions or damages suffered by any person or persons by reason of or resulting from any negligence of the licensee or its agents, employees or patrons, or on account of any act or omission of the licensee in the exercise of its license, use or occupancy of the premises. In the event that any suit or action is brought against the City, the licensee shall, upon notice of the commencement thereof, defend the same, at no cost and expense to the City, and promptly satisfy any final judgment adverse to the City or adverse to the City and the licensee jointly, provided, however, that the City shall retain the right to participate in such action if it chooses to do so. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may be alleged to have been, contributed to by the negligence of the City or its officers, employees or agents, provided, however, that nothing contained in this section shall be construed as requiring the licensee to indemnify the City against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City or its officers, employees or agents.
(B) As a condition precedent to obtaining a license, the licensee shall, at no expense to the City, secure and maintain, during the full term of the license, general comprehensive liability insurance issued by one or more companies authorized to do business in the State, which insurance shall be subject to the approval of the Law Director, as to company, form and coverage, and which insurance must fully protect the City from any and all claims and risks in connection with any activity performed by the licensee and provide the following minimum coverage:
(1) One million dollars ($1,000,000) per person, per occurrence;
(2) One million dollars ($1,000,000) annual aggregate.
Said policy must specifically name the City as an additional insured party thereunder in the following manner:
The City of Lima is an additional insured for all coverages provided by this policy of insurance and shall be fully and completely protected by this policy and for any claim, suit, injury, death, damage or loss of any kind sustained by any person, organization or corporation in connection with any activity upon or use or occupancy of establishments regulated by Chapter 818 of the Codified Ordinances of the City of Lima.
The coverages provided by this policy to the City or any other named insured shall not be terminated, reduced or otherwise changed in any respect without providing at least thirty days prior written notice to the Director.
(C) The licensee shall deliver to the Director a copy of all policies required under this section and all endorsements thereto or other evidence, to the reasonable satisfaction of the Director, that the licensee has secured or renewed and is maintaining insurance as required by this section.
(D) The procuring of the insurance required by this section shall not be construed to limit the licensee's liability hereunder.
(E) The licensee shall provide for the prompt and efficient handling of all claims for injury, death, damage or loss arising out of the acts or omissions of the licensee. The licensee shall agree that all such claims, whether processed by the licensee or its insurer, either directly or by means of an agent, will be handled by a person with a permanent office within the corporate limits of the City.
(Ord. 51-94. Passed 5-23-94.)