4.20.107.1.1. The franchisee hereby agrees to indemnify the city against any and all expenses, taxes, liabilities, and charges of whatever kind or nature that may arise as a result of the activities of the franchisee, whether said liability be tortious, contractual or other. The franchisee also agrees that it will, at its expense, repair or replace, at the city's option, any city property that it may damage or destroy. If the franchisee fails or refuses to repair damaged city property in a timely manner, the city may effect repairs through other means and impose the costs of the repairs on the franchisee.
4.20.107.1.2. A franchisee by executing a franchise agreement shall protect, indemnify and hold harmless the city, its officers, boards and board members, commissions and commission members, agents, consultants, volunteers and employees against and from any and all alleged claims, demands, actions, suits, liabilities and judgments of every kind and nature and regardless of the merit of the same, arising out of or related to, and to the extent proximately caused by, the acts or omissions of the franchisee, its employees, contractors, volunteers or agents.
4.20.107.1.3. This indemnification shall include, without affecting the scope of the foregoing, and without being limited to the following: alleged claims, demands, actions, suits, liabilities and judgments arising in tort, contracts, infringements of constitutional rights, unfair competition, any infringement or violation, or alleged infringement or violation, of any copyright, whether common law or statutory, violations of statutes, ordinances or regulations, or failure of franchisee to secure consents from owners, authorizing distributors or licensees of programs to be delivered by franchisee's cable system.
4.20.107.1.5. The expiration or termination of a franchise agreement shall not relieve or exonerate the franchisee from its obligations to indemnify and defend the city pursuant to this Section 4.20.107.1 and Section 4.20.107.2, such obligations survive the expiration or termination of such franchise agreement as to acts, errors, or omissions of the franchisee occurring prior to such expiration or termination. (Ord. 205 § 3, 2001)