(A) Insurance amounts. As of the effective date of this chapter, the grantee shall file with the county a certificate of insurance and thereafter maintain in full force and effect at all times for the full term of the franchise, at the expense of the grantee, a comprehensive general liability insurance policy, naming the county as additional insured, written by a company authorized to do business in the State of South Carolina, protecting the county against liability for loss or bodily injury and property damage occasioned by the installation, removal, maintenance or operation of the cable communications system by the grantee in the following minimum amounts:
(1) One million dollars combined single limited, bodily injury and for property damage in any one occurrence; and
(2) One million dollars aggregate.
(B) Automobile liability. The grantee shall also file with the county a certificate of insurance for a comprehensive automobile liability policy written by a company authorized to do business in the State of South Carolina, for all owned, non-owner, hired and leased vehicles operated by the grantee, with limits no less than $1,000,000 each accident, single limit, bodily injury and property damage combined, or evidence of self-insurance.
(C) Worker's compensation and employer's liability insurance. The grantee shall maintain, and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the franchise, worker's compensation and employer's liability, valid in the state, in the minimum amount of the statutory limit for worker's compensation, and $500,000 for employer's liability.
(D) Term and endorsements.
(1) All liability insurance required in this section shall be kept in full force and effect by the grantee during the existence of the franchise and until after the removal of all poles, wires, cables, underground conduits, manholes, and other conductors and fixtures installed by the grantee incident to the maintenance and operation of the chapter.
(2) All policies shall be endorsed to give the county 30 days written notice of the intent to amend, cancel or non-renew by either the grantee or the insuring company.
(E) Liability and insurance. The grantee agrees and binds itself to indemnify, keep and hold free and harmless the county from any and all liability or costs, including attorneys' fees and court costs pertaining thereto, arising from any activities herein authorized, in that the grantee shall pay, and by its acceptance of the franchise the grantee specifically agrees that it will pay, all damages and penalties which the county may be legally required to pay as a result of the franchise, provided that the county provides the grantee timely notice of any such damages and penalties, and tender promptly any cases for which it seeks indemnification. These damages or penalties shall include but shall not be limited to damages arising out of copyright infringements and all other damages arising out of installation, operation or maintenance of the cable communications system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter.
(F) No limitation on liability. None of the provisions of this chapter or any insurance policy required herein, or any damages recovered by the county hereunder, shall be construed to excuse the faithful performance by or limit the liability of the grantee under this chapter or the franchise agreement for damages either to the limits of such policies or otherwise.
(Ord. 3502, passed 10-7-02)