A. Franchisee shall, at all times, keep in effect the following types of insurance coverage:
1. Workers' compensation upon its employees engaged in any manner in the installation or servicing of its plant and equipment within the city.
2. Property damage liability insurance to the extent of two hundred fifty thousand dollars ($250,000.00) as to each occurrence and two hundred fifty thousand dollars ($250,000.00) aggregate, and personal injury liability insurance to the extent of five hundred thousand dollars ($500,000.00) as to each occurrence and five hundred thousand dollars ($500,000.00) aggregate; excess bodily injury and property damage of one million dollars ($1,000,000.00) each occurrence and one million dollars ($1,000,000.00) aggregate; automobile bodily injury and property damage liability combined one million dollars ($1,000,000.00) each occurrence.
B. Franchisee shall indemnify, protect, and save harmless the city from and against losses and physical damage to property and bodily injury or death to persons, including payments made under any workers' compensation law which may arise out of the erection, maintenance, use or removal of attachments or poles within the city, or by any other act of franchisee, its agents or employees. Franchisee shall carry insurance in the above described amounts to protect the parties hereto from and against all claims, demands, actions, judgments, costs, expenses and liabilities which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage. Franchisee shall also carry such insurance as it deems necessary to protect it from all claims under the workers' compensation laws in effect that may be applicable to franchisee. All insurance required shall be and remain in full force and effect for the entire life of the rights granted hereunder. An insurance certificate evidencing such liability insurance coverage shall be deposited with and kept on file by the city. Such certificate shall provide that the coverage will not be terminated unless the city shall first have been given ninety (90) days' notice of intent to terminate.
C. The 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 cable television system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter.
D. Nothing in this franchise shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring the franchisee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place, or with the construction or reconstruction of any sewer or water system. (Ord. 115, 4-10-1990)