(A) Indemnification of the city.
(1) A grantee must indemnify, defend, and hold harmless the city, its officers, boards, committees, commissions, elected officials, employees, and agents from and against any loss or damage to any real or personal property of any person, or for any injury to or death of any person, arising out of or in connection with the construction, operation, maintenance, repair, or removal of a system or other facilities used by a grantee to deliver cable service.
(2) A grantee must indemnify, defend, and hold the city, its officers, boards, committees, commissions, elected officials, employees and agents, harmless from and against all lawsuits, claims, actions, liability, damages, costs, expenses, or penalties incurred as a result of the award or enforcement of its franchise.
(3) A grantee shall not be required to provide indemnification or defense for any intentional misconduct, willful neglect, or negligence by an indemnified party, for any enforcement action taken by the city against a grantee, for any claim based solely on the city’s operation of PEG access facilities, delivery of PEG access programming, or EAS messages originated by the city. Subject to the limitations in M.S. Ch. 466, as it may be amended from time to time, the city shall indemnify, defend, and hold a grantee harmless from any damage resulting from any intentional misconduct, willful neglect, or negligence by the city, its officers, boards, committees, commissions, elected officials, employees, and agents, in utilizing PEG access facilities or channels, delivering EAS messages originated by the city, or in connection with work performed on or adjacent to the system.
(4) With respect to each claim for indemnification:
(a) The city must notify the grantee in writing of its duty under this section within ten days of receipt of any suit, claim, or proceeding which gives rise to such duty;
(b) The grantee must afford the city an opportunity to participate in any compromise, settlement, or other resolution or disposition of any suit, claim, or proceeding; and
(c) The city must cooperate with reasonable requests of the grantee, at grantee’s expense, in its participation in a suit, claim, or proceeding.
(B) Insurance.
(1) A grantee must obtain and maintain in full force and effect, at its sole expense, a comprehensive general liability insurance policy, in protection of the grantee, and the city, its officers, elected officials, boards, commissions, agents, and employees for damages which may arise as a result of operation of the system or delivery of cable service.
(2) The policies of insurance must be in the sum of not less than $1,000,000 for bodily injury or death of any one person, and $2,000,000 for bodily injury or death of two or more persons in any one occurrence, $500,000 for property damage to any one person and $2,000,000 for property damage resulting from any one act or occurrence.
(3) The insurance policy must be maintained by grantee in full force and effect during the entire term of the franchise. Each policy of insurance must contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of grantee or for other reasons, except after 30 days advance written notice have been provided to the city.
(Ord. 711, passed 2-11-2019)