(a) Company Insurance. Company shall maintain during the term of the Franchise insurance as will protect it and the City from any claims which may arise from Company’s ownership, construction, repair, maintenance or operation of the Company’s Cable Television System in the City, such insurance policies to have the following coverages and limits:
(1) Workers’ Compensation coverage as required by statute.
(2) Property insurance on all insurable Company assets.
(3) General Liability insurance with combined single limit for bodily injury, personal injury, death and property damage in an amount of at least five million dollars ($5,000,000) per occurrence (which may be supplied by a combination of primary and excess policy limits) and Company’s liability insurance shall include contractual liability, including so much of the indemnity specified herein as is reasonably insurable.
(b) Additional Insured. The liability insurance policy shall name City as an additional insured.
(c) Evidence of Insurance. Not later than thirty (30) days after the effective date of this Agreement, Company shall furnish to City current certificates of insurance demonstrating compliance with the insurance coverage requirements of this Section.
(d) Authorized Carrier. All insurance coverage shall be with a company authorized to do business in the Commonwealth of Pennsylvania.
(e) Change in Limits. City shall have the right, effective at the end of the seventh year of the term hereof, to require an increase in the amounts of insurance specified in subsection (a) hereof; provided that the City gives Company at least ninety days’ notice of any such increase and provided further that the increase bears some reasonable relation to increases in the cost of living since the grant of this Franchise.
(f) Indemnification. Company shall indemnify and hold the City harmless with respect to the Company’s construction; maintenance or operation of the Cable Television System from and against any and all expenses, losses and claims, demands, payments, suits, actions, receiver and judgments, other than as a result of City’s negligence or intentional acts, including reasonable attorney’s fees. In the event of the commencement of any action against City, City will give notice thereof to Company within ten (10) days after City is formally served in any such action, and Company shall have the right to select counsel for the defense of such action at no cost to the City. City’s failure to give timely notice shall relieve the Company of its obligation under this Section if such failure to give notice causes prejudice to Company’s ability to defend any such claim. Settlement of any action or claim shall be made by Company or its counsel without the approval of City unless the City has an affirmative obligation as part of the settlement. Further, City’s approval is not required when Company’s defense is provided under the terms of an insurance policy that does not allow for the insured’s approval of settlements. The City will cooperate with Company as reasonably required for the defense of any such action.
(Ord. 11-2005. Passed 2-15-05.)