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(A) The grantee shall pay, and by its acceptance of this franchise the grantee specifically agrees that it will pay all damages and penalties which the town may legally be required to pay as a result of granting this 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 the installation, operation, or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise.
(B) The grantee shall pay, and by its acceptance of this franchise specifically agrees that it will pay, all expenses incurred by the town in defending itself with regard to all damages and penalties mentioned in division (A) above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered by the town attorney, his assistants, or any employees of the town.
(C) The grantee shall maintain, and by it acceptance of this franchise specifically agrees that it will maintain throughout the terms of this franchise liability insurance insuring the town and the grantee with regard to all damages mentioned in division (A) above in the minimum amounts of:
(1) $300,000 for bodily injury or death resulting from any one accident.
(2) $500,000 for property damage resulting from any one accident.
(3) $1,000,000 for all types of liability.
(D) The insurance policy obtained by the grantee in compliance with this section must be filed with the Town Council; and such insurance policy, bond, along with written evidence of payment of required premiums, shall be filed and maintained with the Town Clerk during the term of this franchise.
(Ord. 95-04, passed 2-14-95)
The grantee shall:
(A) Produce a picture, whether in black and white or in color, that is undistorted, free from ghost images, and accompanied with proper sound on typical standard production television sets in good repair, and as good as the state of the art allows;
(B) Transmit signals of adequate strength to produce good pictures with good sound at all outlets without causing cross-modulation in the cables or interfering with other electrical or electronic systems;
(C) Limit failures to minimum by locating and correcting malfunctions promptly, but in no event longer than 24 hours after notice;
(D) Notify subscribers affected 24 hours prior to any planned interruption of service;
(E) Demonstrate upon request by instruments and otherwise to subscribers that a signal of adequate strength and quality is being delivered;
(F) Maintain a written record listing full details of all customer complaints and resolution of the com- plaints, disconnections and new subscribers. Such records shall be available for inspection by the town.
(Ord. 95-04, passed 2-14-95)
(A) The grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions insofar as possible shall be preceded by notice and shall occur during periods of minimum use of the system.
(B) The grantee shall maintain an office or business agent within the toll free telephone area of the town, which shall be available during all usual business hours, have a listed telephone, and be so operated that complaints and requests for repairs or adjustments may be received at any time.
(Ord. 95-04, passed 2-14-95)
The grantee shall receive and distribute television and radio signals which are disseminated to the general public without charge by broadcasting stations licensed by the FCC. All FCC regulations shall be complied with regarding the carriage of the programming of any existing or future televisions broadcasting station which covers the town in its principal broadcasting area.
(Ord. 95-04, passed 2-14-95)
The grantee shall provide a connection to each public building located within 500 feet of its plant within the town upon request by the town and at no cost to it or any public agency. The grantee shall provide similar services without cost to accredited institutions such as private schools, and including parochial or other religious schools; provided, however, that the installation coast of the first 500 feet of such service shall be borne by grantee.
(Ord. 95-04, passed 2-14-95)
In the case of an emergency or disaster, the grantee shall, upon request of the town, make available its facilities to the town for emergency use during the emergency or disaster period. The grantee shall be held harmless from any liability or damage occurring during the town’s emergency use of the grantee’s system as provided in the paragraph which arises as a result of the negligence of officers or agents of the town.
(Ord. 95-04, passed 2-14-95)
(A) The grantee shall not engage in the business of selling, repairing or installing television receivers, radio receivers, or accessories for such receivers within the town during the term of this franchise.
(B) This franchise authorizes the operation of a CATV system as provided for herein, and takes the place of any other franchise, license or permit which might be required by law of the grantee to operate such a business within the town.
(Ord. 95-04, passed 2-14-95)
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