(A) It shall be expressly understood and agreed by and between the city and any grantee hereunder that the grantee shall hold the city harmless from all loss sustained by the city on account of any suit, judgment, execution, claim, or demand which the city may legally be required to pay as a result of the enactment of this chapter and the award of a franchise thereunder.
(B) It shall be expressly understood and agreed by and between the city and any grantee hereunder that the grantee shall hold the city harmless from all loss sustained by the city on account of any suit, judgment, execution, claim, or demand whatsoever arising out of but not limited to copyright infringements and all other damages arising out of the installation, operation, or maintenance of the broadband telecommunications network authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this chapter and any franchise granted hereunder.
(C) The grantee shall pay, and by his or her acceptance of any franchise granted hereunder agrees that he or she will pay, all expenses incurred by the city in defending itself with regard to all damages and penalties mentioned in divisions (A) and (B). These expenses shall include all out of pocket expenses, such as consultant or attorney fees, and shall also include the reasonable value of any services rendered by the Law Director or his or her staff or any other employees of the city.
(D) The grantee shall maintain and by his or her acceptance of any franchise granted hereunder agrees that he or she will maintain, throughout the terms of the franchise, a general comprehensive liability insurance policy naming as a coinsured the city, its officers, boards, commissions, agents, and employees, with a company approved by the Mayor or his or her appointee and in a form satisfactory to the Mayor or his or her appointee, protecting the city and all persons against liability for loss or damage for personal injury, death, or property damage, occasioned by the operations of the grantee under any franchise granted hereunder, in the amounts of $100,000 for bodily injury or death to any 1 person with the limit, however, of $300,000 for bodily injury or death resulting from any 1 accident and $100,000 for property damage resulting from any 1 accident.
(E) The insurance policies mentioned in division (D) shall be obtained from the same company and shall contain an endorsement stating that the policies are extended to cover the liability assumed by the grantee under the terms of this chapter and shall contain the following endorsement: It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until 30 days after receipt by the Mayor or his or her appointee by registered mail of a written notice of intent to cancel or reduce the coverage.
(F) All bonds, policies of insurance or certified copies thereof, and written evidence of payment of required premiums shall be filed and maintained with the Mayor or his or her appointee during the term of any franchise granted hereunder.
(G) Neither the provisions of this chapter nor any bond accepted by the city pursuant hereto, nor any damage recovered by the city thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise.
(1981 Code, § 111.09) (Ord. 5055-73, passed 5-14-1973)