(A) As of the effective date of this chapter, the grantee shall file with the town a certificate of insurance and thereafter maintain in full force and effect at all times for the full term of the franchise, at the expense of the grantee, a comprehensive general liability insurance policy, naming the town as additional insured, written by a company authorized to do business in the State of North Carolina, protecting the town against liability for loss or bodily injury and property damage occasioned by the installation, removal, maintenance, or operation of the cable communications system by the grantee in the following minimum amounts:
(1) One million dollars combined single limit, bodily injury and for property damage in any one occurrence; and
(2) One million dollars aggregate.
(B) The grantee shall also file with the town a certificate of insurance for a comprehensive automobile liability policy written by a company authorized to do business in the State of North Carolina, for all owned, non-owned, hired and leased vehicles operated by the grantee, with limits no less than $500,000 each accident, single limit, bodily injury and property damage combined, or evidence of self-insurance.
(C) The grantee shall maintain, and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the franchise, worker’s compensation and, employer’s liability, valid in the state, in the minimum’ amount of the statutory limit for worker’s compensation, and $500,000 for employer’s liability.
(D) All liability insurance required in this section shall be kept in full force and effect by the grantee during the existence of the franchise and until after the removal of all poles, wires, cables, underground conduits, manholes, and other conductors and fixtures installed by the grantee incident to the maintenance and operation of the cable communications system as defined in this chapter. All policies shall be endorsed to give the Town of Murphy 30-days’ written notice of the intent to amend, cancel, or nonrenewal by either the grantee or the insuring company.
(E) The grantee agrees and binds itself to indemnify, keep, and hold free and harmless the town from any and all liability or costs, including attorneys’ fees and court costs pertaining thereto, arising from any activities herein authorized, in that the grantee shall pay, and by its acceptance of the franchise the grantee specifically agrees that it will pay, all damages and penalties which the town may be legally required to pay as a result of the franchise. These damages or penalties shall include but shall not be limited to damages arising out of copyright infringements and all other damages arising out of installation, operation, or maintenance of the cable communications system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this chapter.
(Ord. passed 10-13-1998)