(A) Indemnification agreement.
(1) The grantee shall agree to indemnify, defend and save whole and harmless the city and its officers, boards, commissions, agents and employees from liabilities and related expenses of any kind which may arise out of or from the establishment, construction, operation and maintenance of the BTN, the execution and implementation of this chapter, the granting of a franchise to the grantee by the city or the exercise or enjoyment of its franchise by the grantee, including reasonable attorneys’ fees and the costs or liabilities of the city with respect to its employees. The city shall notify the grantee if any person, in any way, notifies the city of any claim or demand for which the grantee may be liable under this section or otherwise.
(2) The undertaking of the grantee in connection with this division includes, but is not limited to, liabilities or claims of liability with respect to property damage, personal injury or death, invasions of the right of privacy, defamation of any person, the violation or infringement of any copyright, trademark, trade name, service mark or patent, including damages arising out of any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee’s network, or of any other right of any person, and failure of the grantee to comply with the provisions of any federal, state or local statute, ordinance, rule or regulation applicable to the grantee in connection with this chapter or with its franchise. Without limitation of the foregoing, the undertaking of the grantee in connection with this division includes, but is not limited to, accountant fees, expert witness and consultant fees, court reporter fees, court costs, per diem expenses and traveling and transportation expenses.
(B) Insurance. The grantee shall keep the network continuously insured against such risks as are customarily insured against by businesses of like size and type, including, but not limited to:
(1) Insurance upon a repair or replacement basis, if available, and otherwise to the full insurable value of the network (with reasonable deductible provisions) against loss or damage by fire and lightning, with a uniform standard extended coverage endorsement, limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the state;
(2) Insurance to the extent of $2,000,000 per occurrence against liability for bodily injury, including death, and to the extent of $500,000 per occurrence against liability for damage to property, including loss of use, occurring on, arising out of, or in any way related to, the network. The policy shall name, as additional insured, the city and its officers, boards, commissions, agents and employees;
(3) During any period of construction, adequate coverage to meet liability under the Illinois Structural Work Act;
(4) Worker’s compensation insurance within statutory limits and employer’s liability insurance of not less than $100,000;
(5) Comprehensive automobile liability insurance to the extent of $1,000,000 per occurrence against liability for bodily injury, including death, and to the extent of $300,000 per occurrence against liability for damage to property, including loss of use, occurring on, arising out of, or in any way related to, the network; and
(6) This division shall not be a limit on the grantee’s undertaking provided in division (A) of this section. The insurance shall be issued by a company mutually acceptable to the grantee and the city in a form satisfactory to the city.
(C) Notice of cancellation or reduction of coverage. The insurance policies referred to in division (B) of this section hereof shall contain a broad form contractual liability endorsement and shall also contain the following endorsement.
It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof reduced until 30 days after receipt by the city by registered mail of written notice of such intent to cancel or reduce the coverage. |
(2000 Code, § 5.12.320)