A. Required Coverages And Limits: Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right of way or constructing any facility in the right of way shall secure and maintain insurance policies which comply with the Riverwoods insurance and indemnity ordinance.
B. Effect Of Insurance And Self-Insurance On Utility's Liability: The legal liability of the utility to the village and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this chapter shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
C. Insurance Companies: All insurance provided pursuant to this chapter shall be effected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the state of Illinois. All insurance carriers and surplus line carriers shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company.
D. Indemnification: By occupying or constructing facilities in the right of way, a utility shall be deemed to agree to defend, indemnify and hold the village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney fees and costs of suit and/or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights of way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a franchise, license, or similar agreement; provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this chapter by the village, its officials, officers, employees, agents or representatives. (Ord. 09-1-1, 1-6-2009; amd. Ord. 09-7-14, 7-7-2009)