(a) Indemnification, Insurance and Bonding. The franchisee shall be indemnified, insured, and bonded as prescribed in the franchise agreement.
(b) Indemnification for Cable Act Claims. The franchisee shall, at its sole cost and expense, fully indemnify, defend, and hold harmless the Borough, and in its capacity as such, the officers, agents, and employees thereof, from and against any and all claims, suits, actions, liability, and judgments for damages or otherwise subject to Section 638 of the Cable Act, 47 USC 558, arising out of or alleged to arise out of the installation, construction, operation, or maintenance of its system, including but not limited to any claim against the franchisee for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark, or patent, or of any other right of any person, firm, or corporation. This indemnity does not apply to programming carried on any channel set aside for public, educational or government use, or channels leased pursuant to 47 USC 532, unless the franchisee was in any respect engaged in determining the editorial content of the program, or adopts a policy of pre-screening programming for the purported purpose of banning indecent or obscene programming. Nothing herein shall prohibit the Borough from participating in the defense of any litigation by its own counsel and obtaining indemnification for the costs associated therewith.
(c) No Limit of Liability. Neither the provisions of this section nor any damages recovered by the Borough shall be construed to limit the liability of the franchisee for damages under any franchise issued hereunder.
(Ord. 920. Passed 7-14-97; Ord. 938. Passed 7-12-99.)