(A) Unless a franchise agreement specifies otherwise, the following insurance coverage shall be in force at all times during the franchise period: workmen’s compensation insurance to meet all state requirements; and general comprehensive liability insurance with respect to the construction, operation and maintenance of a cable system, including the operation of motor vehicles, in the following minimum amounts:
(1) For bodily injury, including death, $1,000,000 for any one person, and $5,000,000 for any one accident;
(2) For property damage $1,000,000; and
(3) For damages resulting from any liability of any nature that may arise from or be occasioned by operation of the cable system, including any communication over the cable system, excepting programming on government channels, $2,000,000.
(B) All insurance policies must be with sureties qualified to do business in Illinois and in a form approved by the City Attorney. The city may require in a franchise agreement coverage and amounts in excess of the above minimums.
(C) A franchisee must, at its sole cost and expense, indemnify, hold harmless, and defend the city, its officials, boards, commissions, agents and employees, against any and all claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance or operation of its cable system regardless of whether the act or omission complained of is authorized, allowed or prohibited by the franchise. This provision includes, but is not limited to, claims arising out of copyright infringements or a failure by the franchisee to secure consents from the owners, authorized distributors, or licensees of programs to be delivered by the cable system.
(D) The franchise agreement may require the franchisee to have in force at all times a performance bond or an irrevocable letter of credit in an amount as necessary to ensure the faithful performance by the franchisee of its obligation under the franchise agreement. Such surety instruments must be provided by an entity qualified to do business in the State of Illinois and in a form approved by the City Attorney.
(Ord. 89-15, passed 5-8-89)