(a) Any Grantee who accepts a franchise agrees by its acceptance to indemnify, keep and save the City free and harmless from any and all liability on account of injuries or damage to persons or property arising out of the construction, maintenance, repair and operation of its cable television system. In the event that suit shall be brought against the City either independently or jointly with a Grantee on account thereof, the Grantee upon notice by the City, shall defend the City in any such suit at the cost of the Grantee, and, in the event of final judgment being obtained against the City either independently or jointly with the Grantee, the Grantee shall indemnify the City and pay such judgment with all costs and hold the City harmless therefrom.
(b) Any Grantee who accepts a franchise agrees by its acceptance to pay all expenses incurred by it in defending itself and the City with regard to all damages and penalties mentioned in subsection (a) above. These expenses shall include all out-of-pocket expenses, such as attorney fees.
(c) Any Grantee who accepts a franchise agrees by its acceptance to maintain throughout the term of the franchise, liability insurance insuring the City and the Grantee with regard to all damages mentioned in subsection (a) hereof in the minimum amount of:
(1) $300,000 for property damage in any one occurrence;
(2) $500,000 for property damage in the aggregate;
(3) $500,000 bodily injury to any one person;
(4) $1,000,000 for bodily injury in any one occurrence.
(d) A certificate of insurance shall be filed and maintained with the Clerk of Council during the term of a franchise.
(e) Neither the provisions of this section nor any damages recovered by the City hereunder shall be construed as limiting the terms, obligations or liabilities imposed under other sections of this chapter. (Ord. 58-1989. Passed 5-1-89.)
(f) All insurance policies maintained pursuant to a franchise shall contain the following endorsement:
“It is hereby understood and agreed that this insurance policy may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) days after receipt by the City of Massillon, Ohio, by registered mail, of a written notice of such intention to cancel or nor to renew.” (Ord. 206-2000. Passed 10-2-00.)