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Section 5.2 Rules of Grantee. <br />The Grantee may promulgate such rules, terms and conditions governing the conduct of its business provided <br />that such rules, terms and conditions must not be in conflict with the provisions of this Franchise, the Cable <br />Ordinance, or applicable laws or regulations. <br />SECTION 6. INDEMNIFICATION, INSURANCE, BONDS <br />Section 6.1 Indemnification. <br />By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City harmless in <br />accordance with the Cable Ordinance. <br />Section 6.2 Insurance. <br />At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate of <br />Insurance in accordance with the Cable Ordinance. The Grantee must maintain such insurance for <br />the entire term of this Franchise. <br />Section 6.3 Performance Bond. <br />a. The Grantee must furnish to the Commission, for the benefit of the City, a single <br />performance bond in the amount of Ten Thousand Dollars ($10,000.00) in a form and substance <br />reasonably acceptable to the Commission. The Grantee must maintain the bond until this Franchise <br />expires or is terminated. <br />b. The bond shall be conditioned upon Grantee's faithful performance in accordance with <br />the terms of this Franchise, the Cable Ordinance, and applicable laws and regulations. The bond must <br />provide that in the event the Grantee fails to comply with any law, ordinance or regulation, any damages <br />or loss suffered by the City as a result, including the full amount of any compensation, indemnification <br />or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for <br />attorneys' fees and costs, up to the full amount of the security, will be recoverable jointly and severally <br />from the principal and surety of the bond, and further guaranteeing payment by the Grantee of claims, <br />liens and taxes due the City which arise. In the event this Franchise is revoked or the rights hereunder <br />relinquished or abandoned by Grantee, the City is entitled to collect any resultant damages, costs or <br />liabilities incurred by the City. <br />C. The City and Grantee acknowledge that it may be difficult or impossible to accurately <br />quantify actual damages or losses suffered by the City due to a violation or unsatisfied obligation under <br />this Franchise, the Cable Ordinance, or applicable laws or regulations. Accordingly, the City may, in <br />its reasonable discretion, collect liquidated damages in an amount of up to Two Hundred and Fifty <br />Dollars ($250.00) per violation of any provision of this Franchise, the Cable Ordinance, or applicable <br />laws or regulations in an amount not to exceed Five Thousand Dollars ($5,000.00) in any calendar <br />year. Each violation may be considered a separate violation for which separate liquidated damages <br />can be imposed. <br />d. In the event the City will make any claim against the bond or otherwise seeks to assess <br />liquidated damages, the City must comply with Section 14 of the Cable Ordinance governing <br />DOCSOPEN\SH255\ 16\843960.v2-2/3/23 <br />