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In the event Grantee’s performance of any of the terms, conditions, obligations, or requirements of the franchise is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified Grantor within a reasonable time after Grantee’s discovery of the occurrence of such an event. Such causes beyond Grantee’s reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of nature and civil emergencies.
1.
Requirement of Bond. Within thirty (30) days after the granting of a new franchise, or a renewal which requires significant system construction, and prior to the commencement of any construction work by the Grantee, the Grantee shall file with the Grantor a construction bond in the amount specified in the franchise agreement in favor of the Grantor and any other person who may claim damages as a result of the breach of any duty by the Grantee assured by said bond.
2.
Form of Bond. Such bond as contemplated herein shall be in the form approved by the Grantor and shall, among other matters, cover the cost of removal of any properties installed by the Grantee in the event said Grantee shall default in the performance of its franchise obligations.
3.
No Limitation on Liability. In no event shall the amount of said bond be construed to limit the liability of the Grantee for damages.
4.
Waiver of Bond. Grantor, at its sole option, may waive this requirement, or permit consolidation of the construction bond with the performance bond specified, respectively in Sections 113.47 and 113.48.
5.
Release of Bond. Upon completion of construction, any construction bonds then in force shall be released.
1.
Requirement of Bond. Grantor may require Grantee, at least thirty (30) days prior to the commencement of operation, to file with the Grantor a performance bond in the amount of one thousand dollars ($1,000.00) in favor of the Grantor, who may be entitled to damages as a result of any occurrence in the operation of or termination of the cable system operated under this chapter and the franchise agreement.
2.
Form of Bond. Such bond as contemplated herein shall be in the form approved by the Grantor.
3.
No Limitation of Liability. In no event shall the amount of said bond be construed to limit the liability of the Grantee for damages.
1.
The Grantee shall give prior notice to the Grantor specifying the names and addresses of any entity, other than the Grantee, that performs construction services in excess of $10,000 pursuant to the franchise, provided, however, that all provisions of the franchise remain the responsibility of the Grantee.
2.
All provisions of a franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of the franchise.
3.
Nothing in this section shall be construed as allowing the transfer of any rights or responsibilities of the Grantee without approval of the Grantor in writing.
1. Insurance Required. The Grantee shall maintain throughout the term of the franchise, insurance in amounts at least as follows:
A.
Worker’s Compensation. Worker’s Compensation with Coverage A at statutory limits and Coverage B at limits of $500,000/$500,000/$500,000. Insurance shall cover the employees of the Grantee in compliance with the State of Iowa and all other states having the jurisdiction over each employee.
B.
Comprehensive General Liability. Comprehensive General Liability including Premises/Operations; Products/Completed Operations; Broad Form Property Damage; Contractual Liability; Coverage for Explosion, Collapse and Underground Hazards; and Pollution Control Liability shall include limits of not less than $1,000,000 for bodily injury (including death) and property damage for each occurrence and not less than $1,000,000 in the aggregate.
C.
Umbrella Liability. Umbrella Liability with limits of not less than $5,000,000 and shall carry the following endorsement: “It is hereby understood and agreed that despite anything to the contrary where underlying insurance, as described herein, provides greater protection or indemnity to the insured than the terms and conditions of this policy, this insurance shall pay on behalf of the insured the same terms, conditions and coverages which apply to the basic underlying insurance. Where no such broader underlying insurance exists, this policy shall pay on behalf of the insured upon terms and conditions and limitations of the carrier’s umbrella excess policy.”
2. Certificates to Grantor. The Grantee shall furnish the Grantor with copies of such insurance policies or certificates of insurance within forty-five (45) days of the effective date of the franchise agreement. Certificates of insurance shall be furnished by the Grantee to the Grantor annually thereafter.
3. Grantor as Additional Insured. Such insurance policies provided for herein shall name the Grantor as additional insured, and shall be primary to any insurance carried by Grantor, and shall contain the following endorsement: “Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail thirty (30) days’ written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives.”
4. No Limitation on Liability. The minimum amounts set forth in the franchise agreement for such insurance shall not be construed to limit the liability of the Grantee to the Grantor under the franchise issued hereunder to the amount of such insurance.
5. Approved Insurers. All insurance carriers providing coverage under subsection 1 shall be duly licensed to operate in the State of Iowa.
1.
Extent of Indemnity. The Grantee shall, by acceptance of any franchise granted, indemnify, defend and hold harmless the Grantor, its officers, boards, commissions, agents, and employees from any and all claims, suits, judgments, for damages or other relief, costs and attorneys, fees in any way existing out of or through or alleged to arise out of or through:
A.
The act of the Grantor in granting the franchise,
B.
The acts or omissions of Grantee, its servants, employees, or agents including, but not limited to, any failure or refusal by Grantee, its servants, employees or agents to comply with any obligation or duty imposed on Grantee by this chapter or the franchise agreement.
C.
The exercise of any right or privilege granted or permitted by this chapter or the franchise agreement.
Such indemnification shall include, but not be limited to, all claims arising in tort, contract, infringements of copyright, violations of statutes, ordinances or regulations or otherwise.
2.
Defense of Claims. In the event any such claims shall arise, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee. Provided, however, the Grantor or other indemnified party in its sole discretion may participate in the defense of such claims at Grantee’s sole expense, and in such event, such participation shall not relieve the Grantee from its duty or defense against liability or of paying any judgment entered against such party. Grantee shall not agree to any settlement of claims without Grantor approval.
3.
Grantor’s Negligence. The Grantee shall not be required to indemnify the Grantor for negligence or willful misconduct on the part of Grantor’s officials, boards, commissions, agents or employees.
No provision of this chapter shall be deemed to bar the right of the Grantor to seek or obtain judicial relief from a violation of any provision of the franchise or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this chapter nor the exercise thereof shall be deemed to bar or otherwise limit the right of the Grantor to recover monetary damages, (including all dispute related expenses such as attorneys’ fees and except where liquidated damages are otherwise prescribed) for such violation by the Grantee, or judicial enforcement of the Grantee’s obligations by means of specific performance, injunctive relief or mandate, or any other judicial remedy available at law or in equity. All judicial action sought for a violation of any provision of the franchise or any rule, regulation, requirement or directive promulgated thereunder shall be commenced in the Linn County Circuit Court.
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