A. The company hereby agrees to indemnify, defend and save whole and harmless the municipality and its officers and employees from liabilities and related expenses (including reasonable attorney fees) of any kind which may arise out of or from the establishment, construction, operation and maintenance of the system or system facilities or the execution and implementation of this chapter. The municipality shall notify the company in the event any person shall in any way notify the municipality of any claim or demand in connection with the system, the system facilities or this chapter from which the company may be subject to liability under this section or otherwise. The undertaking in connection with this subsection includes liabilities or claims of liability with respect to property damage, personal injury, bodily injury, invasions of the right of privacy, defamation of any person, the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, and failure of the company to comply with the provisions of any federal, state or local statute, ordinance, rule or regulation applicable to the company in connection with this chapter.
B. The company shall keep the system and system facilities continuously insured against such risks as are customarily insured against by businesses of like size and type, including, but not limited to:
1. Insurance upon the repair or replacement basis if available, and otherwise to the full insurable value of the system facilities (with reasonable deductible provisions) against loss or damage by fire and lightning, with uniform standard extended coverage endorsement, limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the state.
2. Insurance to the extent of one million dollars ($1,000,000.00) per occurrence against liability for bodily injury including death and to the extent of five hundred thousand dollars ($500,000.00) 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 and system facilities.
3. During any period of construction, adequate coverage to meet liability under the Illinois structural work act.
4. Workers' compensation insurance within statutory limits and employer's liability insurance of not less than one hundred dollars ($100.00).
5. Comprehensive automobile liability insurance to the extent of one million dollars ($1,000,000.00) per occurrence against liability for bodily injury including death and to the extent of three hundred thousand dollars ($300,000.00) 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.
This subsection B shall not be a limit on the company's undertaking provided in subsection A of this section.
C. The company shall have the municipality and all of its officers and employees included as additional insured on all insurance policies referred to in this section only as respects the ownership, maintenance or use of the company property. The company shall file with the municipality copies of all such policies. All such policies shall provide that the issuing insurance company will not cancel them without ten (10) days' prior notice to the company and the municipality. All such policies shall be taken out and maintained with generally recognized responsible insurance companies qualified to do business in the state of Illinois and carrying a rating of A+AAAAA in the most recent publication of "Best's Insurance Guide". (Ord. 1000, 4-8-1985)