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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)
Grantee shall not commence any cable system reconstruction work or permit any subcontractor to commence work until all insurance required under this franchise has been obtained. Said insurance shall be maintained in full force and effect until the expiration of this franchise.
A. In order for city to assert is rights to be indemnified, defended, and held harmless, city must with respect to each claim:
1. Promptly notify grantee in writing of any claim or legal proceeding which gives rise to such right;
2. Afford grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of any claim or proceeding; and
3. Fully cooperate with reasonable requests of grantee, at grantee's expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to subsection A2 of this section. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. In addition to all other rights which city has pursuant to law or equity, city reserves the right to commence proceedings to revoke, terminate or cancel this franchise, and all rights and privileges pertaining thereto, if it is determined by city that after notice and an opportunity to cure as reordered herein:
1. Grantee has violated material provision(s) of this franchise and has not cured; or
2. Grantee has attempted to evade any of the provisions of the franchise; or
3. Grantee has practiced fraud or deceit upon city.
B. City may revoke this franchise without the hearing otherwise required herein if grantee is adjudged a bankrupt. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. City shall provide grantee with written notice of a cause for revocation and the intent to revoke and shall allow grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the franchise. In the notice required therein, city shall provide grantee with the basis of the revocation.
B. Grantee shall be provided the right to a public hearing affording due process before the city council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subsection A of this section. City shall provide grantee with written notice of its decision together with written findings of fact supplementing said decision.
C. During the appeal period, the franchise shall remain in full force and effect unless continuation of the franchise would endanger the health, safety and welfare of any person or the public. (Ord. 827, 8-5-2002, eff. 8-26-2002)
Grantee may not abandon the system or any portion thereof without having first given three (3) months' written notice to city. Grantee may not abandon the system or any portion thereof without compensating city for damages resulting from the abandonment, including all costs incident to removal of the system. (Ord. 827, 8-5-2002, eff. 8-26-2002)
A. In the event of termination or forfeiture of the franchise or abandonment of the system, city shall have the right to require grantee to remove all or any portion of the system from all rights of way and public property within city.
B. If grantee has failed to commence removal of system, or such part thereof as was designated by city, within thirty (30) days after written notice of city's demand for removal is given, or if grantee has failed to complete such removal within twelve (12) months after written notice of city's demand for removal is given, city shall have the right to apply funds secured by the letter of credit and performance bond toward removal. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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