(A) The franchisee shall indemnify and hold harmless the town at all times during the term of the franchise and specifically agrees that it shall pay all damages and penalties which the town may be legally required to pay as a result of granting the franchise. These damages and penalties shall include, but not be limited to damages arising out of copyright infringements and 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 the franchise. In case suit shall be filed against the town either independently or jointly with the franchisee to recover for any claim or damages, the franchisee upon notice to it by the town shall defend the town against the action. In the event of a final judgment being obtained against the town, either independently or jointly with the franchisee solely by reason of the acts of the franchisee, the franchisee shall pay the judgment and all costs and hold the town harmless therefrom.
(B) The franchisee shall have no recourse whatsoever against the town or its officers, boards, commissions, agents or employees for any loss, cost, expense or damage arising out of any provision or requirement of this franchise or because of its enforcement.
(C) Neither the provisions of division (A), nor any bonds accepted by the town pursuant to § 111.14, nor any damage recovered by the town thereunder shall be construed to excuse unfaithful performance by the franchisee or limit the liability of the franchisee under this chapter or the franchise for damages, either to the full amount of the bond or otherwise.
(D) The cost of any litigation incurred by the town to enforce this chapter or the franchise granted pursuant hereto or the franchise agreement or in relation to the cancellation or termination of a franchise, shall be reimbursed to the town by the franchisee. This cost shall include filing fees, costs of depositions, discovery and expert witnesses, all other expenses of suit and a reasonable attorney’s fee.
(E) All persons, including officers of any franchisee, causing, participating in or permitting any violation of any provision of this chapter shall be severally or jointly liable therefor.
(1988 Code, § 111.12) (Ord. passed 10-2-1979)