Chapter 114 – Cable Television Regulations

114.05 INSURANCE. The Grantee shall indemnify the City and hold it harmless from all liability, damage, costs, or expense arising from claims of injury to persons or damage to property occasioned by reason of any conduct undertaken pursuant to this chapter. The Grantee shall, at all times during the term of the franchise, carry and require their contractors to carry: 1. Insurance in such forms and in such companies as shall be approved by the City to protect the City and Grantee from and against any and all claims, injury or damage to persons or property, both real and personal, caused by the construction, erection, operation and maintenance of any structure, equipment or appliance, or by reason of any conduct undertaken pursuant to this chapter. The amounts of such insurance to be carried for liability due to property damage shall be $500,000.00 as to any one occurrence and against liability due to injury to death of persons, $500,000.00 as to any one person and $1,000,000.00 as to any one occurrence. 2. Worker’s Compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than $100,000.00, which shall cover all operations to be performed by the Grantee as a result of this chapter. 3. Automobile insurance with limits of not less than $100,000.00/$300,000.00 of public liability coverage and automobile property damage insurance with a limit of not less than $100,000.00 covering all automotive equipment, with so-called umbrella coverage of at least $1,000,000. 4. All of said insurance coverage shall provide a ten-day notice to the City in the event of material alteration or cancellation of any coverage afforded in said policies prior to the date said material alteration or cancellation shall become effective. 5. Copies Filed. Copies of all insurance policies required hereunder shall be furnished to and filed with the City prior to the commencement of operations or the expiration of prior policies, as the case may be. Grantee’s worker’s compensation, comprehensive general liability, and comprehensive automobile liability insurance shall be written by an insurance company authorized to do business in the State of Iowa. 114.06 HOLD HARMLESS. During the term of the franchise, the Grantee absolutely assumes and agrees to pay the City for, and the Grantee forever agrees to indemnify the City against, and agrees to hold harmless and save the City harmless from any and all damage, injury, costs, expenses, liability, claims, settlements, judgments, decrees and awards of every kind and nature whatsoever, including attorney’s fees, costs, and disbursements, that may ever be claimed against the City by any person whatsoever, or on account of any actual or alleged loss, damage or injury related to or connected with (directly or indirectly): 1. Any injury to or death of any person, or loss, damage, or injury to any property of the Grantee; 2. Any nonobservance by the Grantee of the provisions of any laws, statutes, ordinances, resolutions, regulations, or rules duly promulgated by any governmental entity which may be applicable, directly or indirectly, to rights, privileges, and authority and the obligations and liabilities assumed by the Grantee under the franchise; 3. Any nonobservance by the Grantee of any of the terms and conditions of the franchise; and/or 4. The granting of the franchise.