(A) At all times during the term of any franchise granted hereunder, and for such period thereafter as a grantee owns property in the city, a grantee shall obtain, pay all premiums for and file with the Mayor or his designee at least ten days before construction of the cable system commences, a certificate of insurance or other proof evidencing the payment of premiums for the following:
(1) A general comprehensive public liability insurance policy indemnifying, defending and saving harmless the city, its officers, boards, commissions, agents, or employees, from any and all claims by any person whatsoever on account of injury to or death of a person occasioned by the operations of the grantee under franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $500,000 per bodily injury or death to any one person and $1,000,000 for bodily injury or death of any two or more persons in any one occurrence, said policies are to include injury coverage.
(2) Property damage insurance indemnifying, defending and saving harmless the city, its officers, boards, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of the grantee under the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $250,000 for property damage to any one person and $500,000 for property damage to two or more persons in any one occurrence.
(B) All of the foregoing insurance contracts shall be in form satisfactory to the City Attorney and shall be issued and maintained by companies authorized to do business in the State of Illinois, acceptable to the Mayor or his designee and carrying a rating of A+:AAAAA in Best’s Insurance Guide, last published. Said insurance contracts shall require 30 days written notice of any cancellation to both the city and the grantee herein.
(C) The grantee shall also, at its sole cost and expense, fully indemnify, defend and hold harmless the city, its officers, boards, commissions and employees against any and all claims, suits, actions, liability and judgments for damages (including but not limited to expenses for reasonable legal fees and disbursements and liabilities assumed by the city in connection therewith):
(1) Arising out of any claim for invasions of the right of privacy, for defamation of any person or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person (excluding claims arising out of or relating to city programming); and
(2) Arising out of a grantee’s failure to comply with the provisions of any federal, state, or local statute, ordinance or regulation applicable to the grantee in its business hereunder.
(D) The foregoing indemnity is conditioned upon the following: The city shall give a grantee prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the city from cooperating with the grantee and participating in the defense of any litigation by its own counsel at its sole cost and expense.
(Ord. 94-0-6, passed 9-12-94)