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(a) A franchisee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, throughout the entire length of the franchise period and at its sole cost and expense, the following liability insurance coverage insuring the city and the franchisee:
(1) Workers compensation and employee liability insurance in conformance with the laws of the State of Ohio.
(2) Franchisee’s vehicles, including owned, non-owned (e.g. owned by franchisee’s employees and used in the course and scope of employment), leased or hired vehicles, shall each be covered with automobile liability insurance in the minimum amount of one million dollars ($1,000,000.00) combined single limit per accident for bodily injury, death and property damage.
(3) Franchisee shall obtain and maintain comprehensive or commercial general liability insurance coverage in the minimum aggregate annual amount of two million dollars ($2,000,000.00) combined single limit, including bodily injury, personal injury, death and broad form property damage. Such insurance coverage shall include, without limitation:
A. Contract liability coverage adequate to meet a franchisee’s indemnification obligations under this chapter, as amended, and a franchisee’s franchise agreement; and
B. A cross-liability clause.
(4) Franchisee shall obtain and maintain slander/libel/defamation/ broadcasters general liability insurance in the minimum aggregate annual amount of one million dollars ($1,000,000.00).
(b) All insurance policies shall be with sureties qualified to do business in the State of Ohio; shall be with sureties with an A-1 or better rating of insurance by Best’s Key Rating Guide, property/casualty edition; and shall be in a form approved by the City Manager. The city may require coverage and amounts in excess of the above minimum where reasonably necessary in view of the franchisee’s greater exposure to liability.
(c) All insurance policies shall be available for review by the city, and a franchisee shall keep on file with the city certificates of insurance.
(d) All policies shall name the city, its officers, boards, commissions, commissioners, agents and employees, as additional insureds, and shall further provide that any cancellation or reduction in coverage shall not be effective unless 60 days prior written notice thereof has been given to the city. A franchisee shall not cancel any required insurance policy without submission of proof that the franchisee has obtained alternative insurance satisfactory to the city which complies with this chapter.
(e) A franchisee shall, at its sole cost and expense, indemnify, hold harmless and defend the city, its officials, boards, commissions, commissioners, agents and employees, against any and all claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance or operation of its cable system, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter or a franchise agreement, provided that such claim, suit, cause of action, proceeding or judgment was brought by a third party. This provision includes, but is not limited to, claims arising out of copyright infringements or a failure by the franchisee to secure consents from the owners, authorized distributors or franchisees of programs to be delivered by the cable systems.
(f) A franchisee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the city, 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 for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark or patent, or of any other right of any person, firm or corporation, where the claims, suits, actions, liability and judgments for damages do not arise from or relate to programming appearing on, or a person’s use of, an access channel. Nothing in this section shall prohibit the city from participating in the defense of any litigation by its own counsel and obtaining indemnification of the costs associated therewith.
(Ord. 97-2, passed 1-9-1997)