§ 22-22. Indemnity.  


Latest version.
  • (a)

    Indemnification. The grantee shall defend and save the village, its agents and employees, harmless from all claims, damages, losses and expenses, including attorney's fees, sustained by the village on account of any suit, judgment, execution, claim or demand whatsoever arising out of:

    (1)

    The enactment of this chapter and granting of a franchise thereunder.

    (2)

    The installation, operation or maintenance of the cable system except for acts of the village, its agents or employees, unless such acts are at the request of and under the direction or supervision of the grantee.

    (b)

    Notification and filing. The village shall notify the grantee within ten days after the presentation of any claim or demand, either by suit or otherwise, made against the village on the part of the grantee. The grantee shall furnish to the village, before any franchise becomes effective, satisfactory evidence in writing that the grantee has in force and will maintain in force during the term of the franchise public liability insurance.

    (c)

    Liability insurance.

    (1)

    A grantee shall maintain throughout the term of the permit a general comprehensive liability insurance policy naming as additional insured the village, its officers, boards, commissions, agents and employees, in a company approved by the village and in a form satisfactory to the village attorney. The policy shall protect the village, its agencies and employees, against liability for loss or damage for personal injury, death or property damage occasioned by the operations of the grantee under any franchise granted under this chapter, in the amount of $1,000,000.00 for bodily injury or death to any one person with the limit however of $2,000,000.00 for bodily injury or death resulting from any one accident, and $1,000,000.00 for property damage resulting from any one accident. The village shall be named as an additional insured under such insurance, and a copy of the current in-force policy shall be deposited with the village administrator.

    (2)

    On every third year anniversary of the granting of a cable franchise, the village shall have the power to reasonably increase the amount of liability insurance required; and the grantee shall have 60 days after notification to file proof of such increased coverage.

(Ord. No. 96-4, § 22.15, 4-1-96)