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ORD 05-002
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ORD 05-002
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Last modified
12/3/2007 3:37:21 PM
Creation date
9/8/2005 8:37:12 AM
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City Government
type
ORD
date
1/3/2005
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<br />. <br /> <br />. <br /> <br />. <br /> <br />SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY <br />FUND <br /> <br />Section 6.1 Indemnification. <br /> <br />By acceptance of thIs Franchise, the Grantee agrees to indemnify, defend, and <br />hold the City harmlejS in accordance with the Cable Ordinance. <br /> <br /> <br />I <br />Section 6.2 'nsurance. <br /> <br />At the time of acce tance of this Franchise, the Grantee will file with the City a <br />Certificate of lnsura ce in accordance with the Cable Ordinance. The Grantee <br />must maintain such nsurance for the entire term of this Franchise. <br /> <br />Section 6.3 erformance Bond. <br /> <br />a. The G antee must furnish to the Commission, for the benefit of the <br />City, a performance bond in the amount of Fifty Thousand Dollars ($50,000.00) <br />in a form and subst nce reasonably acceptable to the Commission, which bond <br />may also be used omply with parallel bonding requirements imposed by the <br />other members of the Sherburne-Wright Counties Cable Communications <br />Commission. At th time of acceptance of this Franchise, the Grantee will file <br />with the Commissio an evidence of receipt of such bond. The Grantee must <br />maintain the bond ntil this Franchise expires or is terminated, and the Grantee <br />has liquidated all of ts obligations with the City. <br /> <br />b. The b nd shall be conditioned upon Grantee's faithful performance <br />in accordance with the terms of this Franchise, the Cable Ordinance, and <br />applicable laws an regulations. The bond must provide that in the event the <br />Grantee fails to co ply with any law, ordinance or regulation, any damages or <br />loss suffered by .he City as a result, including the full amount of any <br />compensation, indemnification or cost of removal or abandonment of any <br />property of the Grantee, plus a reasonable allowance for attorneys' fees and <br />costs, up to the full amount of the security, will be recoverable jointly and <br />severally from the principal and surety of the bond, and further guaranteeing <br />payment by the Grantee of claims, liens and taxes due the City which arise. In <br />the event this Franchise is revoked or the rights hereunder relinquished or <br />abandoned by Grantee, the City is entitled to collect any resultant damages, <br />costs or liabilities incurred by the City. <br /> <br />c. The City and Grantee acknowledge that it may be difficult or <br />impossible to accurately quantify actual damages or losses suffered by the City <br />due to a violation or unsatisfied obligation under this Franchise, the Cable <br />Ordinance, or applicable laws or regulations. Such violations or unsatisfied <br />obligations may, however, be presumed to harm the City and the public's <br />interest. Accordingly, the City may, in its reasonable discretion, collect liquidated <br /> <br />RJV -257202v 1 <br />SH255-1 <br /> <br />8 <br /> <br />. ~- C' ~ <br />(J:r !::J\ <br />
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