§ 16-35. Insurance.

The franchisee shall indemnify, protect and save harmless the city, at all times during the franchise period and any renewal thereof as a result of the grant of this franchise and from and against losses and physical damages to property, and bodily injury or death to persons, including payments made under any workmens' compensation law, which may arise out of or be caused by the erection, maintenance, presence, use or removal of said attachments on poles within the city, or by any act of the franchisee, its agents or employees arising out of the operations of the franchisee. The franchisee shall carry insurance with a company authorized to do business in the state, to protect the parties hereto from and against all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly, from or by reason of such loss, injury or damage. The amounts of such general liability insurance against liability due to physical damage to property shall not be less than $50,000.00 per occurrence for property damage and $100,000.00 per aggregate for property damage, and not less than $300,000.00 per person for personal injury to or the death of one person and not less than $500,000.00 per occurrence. The company shall also carry such insurance on its vehicles in an amount not less than $100,000.00 for each person and $300,000.00 per occurrence. Workers' compensation shall be maintained as required by the laws of the state. All insurance required by this agreement shall be and remain in full force and effect for the entire life of this agreement. Said policy of insurance or a certified copy or thereof shall be approved by the city attorney and then deposited with and kept on file by the city clerk. Each policy of insurance shall state therein that the city will be indemnified and saved harmless from and against all losses, damages, actions, court costs, and attorney's fees arising out of action by the franchisee, its officials, employees, agents and contractors in constructing, repairing or maintenance of the TV cable system, and in the operation of the franchise (inside or outside city limits). A certificate showing that such coverage has been obtained and is currently in force and effect shall be filed with the city clerk prior to the commencement of construction by the franchisee and within 30 days of the anniversary date of the policy in each and every year as long as this franchise and any extension thereof is in force. The certificate will state that the insurance carrier will give the city 60 days advance notice of termination of any policy furnished hereunder. Further, franchisee will save harmless and defend the city against copyright and patent infringement matters which arise out of the construction, repair, maintenance, and operation of this franchise.

(Code 1985, § 4-417; Ord. of 4-6-1981)