Chapter 4.70 BROADBAND TELECOMMUNICATIONS NETWORKS


Section 4.70.420 Liability and indemnification.

    1. Generally.  The franchisee shall indemnify and hold harmless the city, its officers, boards, commissions, agents and employees against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages (including but not limited to damages to city property and damages arising out of copyright infringements, and damages arising out of any failure by franchisee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by franchisee's BTN), costs or liabilities (including costs or liabilities of the city with respect to its employees), of every kind and nature whatsoever, including but not limited to damages for injury or death or damage to person or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost and expense resulting or arising out of any of the same, and against all liability to others, and against any loss, cost and expense, resulting or arising out of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense, or other costs or expense arising out of or pertaining to the exercise or the enjoyment of any franchise under this chapter by the franchisee or the granting thereof by the city; provided, that the franchisee shall not be liable for any such damages, fees or expenses where any lawsuit is based on the actions or omissions of the city but not on any act or omission by the franchisee.
    2. Amount of Insurance.  The franchisee shall maintain a general comprehensive liability insurance policy naming as an additional insured the city, its officers, boards, commissions, agents and employees, in a company mutually acceptable by the franchisee, and the city in a form satisfactory to the city, protecting the city and all persons against liability for loss or damage for personal injury, death or property damage occasioned by the operations of the franchisee under any franchise granted under this chapter in the amount of:
        a. Five hundred thousand dollars for bodily injury or death to any one person, within the limit, however, of one million dollars for bodily injury or death resulting from any one accident;
        b. Five hundred thousand dollars for property damage resulting from any one accident;
        c. Workmen's compensation insurance in such coverage as may be required by the workmen's compensation insurance and safety laws of the state and amendments thereto.
    3. Notice of Cancellation or Reduction of Coverage.  The insurance policies referred to above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the franchisee under the terms of this chapter and shall contain the following endorsements:  "It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof reduced until thirty (30) days after receipt by the City by registered mail, of written notice of such intent to cancel or reduce the coverage."  (Ord. S-35454, 1978)