|
<br />operation, maintenance, repair or removal of a System or other faciliti~s used by a
<br />Grantee to deliver Cable Service.
<br />
<br />b. A Grantee must indemnify, defend, and hold the City, its offlcers, boards,
<br />committees, commissions, elected officials, employees and agents, harmlless from and
<br />against all lawsuits, claims, actions, liability, damages, costs, expense$ or penalties
<br />incurred as a result of the award or enforcementof its Franchise.
<br />
<br />c. A Grantee shall not be required to provide indemnification or d$fense for any
<br />intentional misconduct, willful neglect or negligence by an Indemnified party, for any
<br />enforcement action taken by the City against a Grantee, of for any c1airT) based solely
<br />on the City's operation of PEG Access Facilities, delivery of PEG Access Iprogramming,
<br />or EAS messages originated by the City. Subject to the limitations I in Minnesota
<br />Statutes Chapter 466, the City shall indemnify, defend and hold a Grar!ltee harmless
<br />from any damage resulting from any intentional misconduct, willfliJl neglect or
<br />negligence by the City, its officers, boards, committees, commissions, el$cted 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 onor adjacent to
<br />the System.
<br />
<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 orproceeding; and
<br />
<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 Rroceeding.
<br />
<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 pro~ection 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 th~n One Million
<br />Dollars ($1,000,000.00) for personal injury or death of anyone Person, ahd 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.
<br />
<br />RJV-257201 vI
<br />SH255-1
<br />
<br />12
<br />
|