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<br />operation, maintenance, repair or removal of a System or other facilities used by a
<br />Grantee to deliver Cable Service.
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<br />b. A Grantee must indemnify, defend, and hold the City, its officers, boards,
<br />committees, commissions, elected officials, employees and agents, harmless from and
<br />against all lawsuits, claims, actions, liability, damages, costs, expenses or penalties
<br />incurred as a result of the award or enforcement of its Franchise.
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<br />c. A Grantee shall not be required to provide indemnification or defense for any
<br />intentional misconduct, willful neglect or negligence by an Indemnified Party, for any
<br />enforcement action taken by the City against a Grantee, of for any claim based solely
<br />on the City's operation of PEG Access Facilities, delivery of PEG Access programming,
<br />or EAS messages originated by the City. Subject to the limitations in Minnesota
<br />Statutes Chapter 466, the City shall indemnify, defend and hold a Grantee harmless
<br />from any damage resulting from any intentional misconduct, willful neglect or
<br />negligence by the City, its officers, boards, committees, commissions, elected officials,
<br />employees and agents, in utilizing PEG Access Facilities or Channels, delivering EAS
<br />messages originated by the City, or in connection with work performed on or adjacent to
<br />the System.
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<br />d. With respect to each claim for indemnification:
<br />
<br />1. the City must promptly notify the Grantee in writing of any suit, claim or
<br />proceeding which gives rise to such right;
<br />
<br />2. the Grantee must afford the City an opportunity to participate in any
<br />compromise, settlement or other resolution or disposition of any suit,
<br />claim or proceeding; and
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<br />3. the City must cooperate with reasonable requests of the Grantee, at
<br />Grantee's expense, in its participation in a suit, claim or proceeding.
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<br />Section 10.2 Insurance.
<br />
<br />a. A Grantee must obtain and maintain in full force and effect, at its sole
<br />expense, a comprehensive general liability insurance policy, in protection of the
<br />Grantee, and the City, its officers, elected officials, boards, commissions, agents and
<br />employees for damages which may arise as a result of operation of the System or
<br />delivery of Cable Service.
<br />
<br />b. The policies of insurance must be in the sum of not less than One Million
<br />Dollars ($1,000,000.00) for personal injury or death of anyone Person, and Two Million
<br />Dollars ($2,000,000.00) for personal injury or death of two or more Persons in anyone
<br />occurrence, Five Hundred Thousand Dollars ($500,000.00) for property damage to any
<br />one person and Two Million Dollars ($2,000,000.00) for property damage resulting from
<br />anyone act or occurrence.
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<br />RJV -25720 I v I
<br />SH255-1
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