A. Grantee shall indemnify, defend and hold city, its officers, boards, commissions, agents and employees (collectively the "indemnified parties") harmless from and against any and all lawsuits, claims, causes or action, actions, liabilities, demands, damages, judgments, settlements, disability, losses, expenses (including attorney fees and disbursements of counsel) and costs of any nature that any of the indemnified parties may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the grantee's operations, the exercise of the franchise, the breach of grantee of its obligations under this franchise and/or the activities of grantee, its subcontractor, employees and agents hereunder. Grantee shall be solely responsible for and shall indemnify, defend and hold the indemnified parties harmless from and against any and all matters relative to payment of grantee's employees, including compliance with social security and withholdings. Grantee shall not be required to provide indemnification to city for programming cablecast over the educational and governmental access channels administered by city.
B. The indemnification obligations of grantee set forth in this franchise are not limited in any way by the amount or type of damages or compensation payable by or for grantee under workers' compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this franchise or the terms, applicability or limitations of any insurance held by grantee.
C. City does not, and shall not, waive any rights against grantee which it may have by reason of the indemnification provided for in this franchise, because of the acceptance by city, or the deposit with city by grantee, of any of the insurance policies described in this franchise.
D. The indemnification of city by grantee provided for in this franchise shall apply to all damages and claims for damages of any kind suffered by reason of any of the grantee's operations referred to in this franchise, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.
E. Grantee shall not be required to indemnify city for negligence or misconduct on the part of city or its officials, boards, commissions, agents, or employees. City shall hold grantee harmless, subject to the limitations in Minnesota statutes chapter 466, for any damage resulting from the negligence or misconduct of the city or its officials, boards, commissions, agents, or employees in utilizing any PEG access channels, equipment, or facilities and for any such negligence or misconduct by city in connection with work performed by city and permitted by this agreement, on or adjacent to the cable system. (Ord. 827, 8-5-2002, eff. 8-26-2002)