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M.V. ORDINANCE NO. 80-69 <br />Page -12- <br />When there have been similar complaints made or when there <br />exists other evidence which, in the judgment of the Mayor casts <br />doubt on the reliability or quality of cable service, the Village <br />Council shall have the right and authority to compel the Grantee <br />to test, analyze, and report on the performance of the system. <br />Such report shall be delivered to the Council no later than fourteen <br />(14) days after the Council formally notifies the Grantee and shall <br />include the following information: the nature of the complaints <br />which precipitated the special tests; what system component was <br />tested, the equipment used, the procedures employed in said testing; <br />the results of such tests; and the method in which said complaints <br />were resolved. <br />Said tests and analyses shall be supervised by a professional <br />engineer with training and experience in the audio-visual field <br />not on the permanent staff of the company and otherwise acceptable <br />to the Village. The aforesaid engineer shall sign all records <br />of the special tests and forward to the Council such records <br />with a report interpreting the results of the tests and recommending <br />actions to be taken by the Village. All costs of such tests, <br />analyses and reports shall be borne by Grantee. <br />SECTION 15. <br />INDEMNIF"I'CATION OF VILLAGE <br />The Company shall indemnify, protect and save the Village <br />harmless from and against losses and physical damages to property <br />and bodily injury or death to persons, including payments made <br />under Workmen's Compensation Law, and attorney's fees for defending <br />any action brought against the Village which may arise out of or <br />be caused by the erection, maintenance, presence, use or removal <br />of said attachments on poles and/or receiving towers within the <br />Village, or by any act of the Company, its agents or employees. <br />The company shall carry insurance to protect the parties hereto <br />from and against all claims, demands, actions, judgments, costs, <br />expenses, and liabilities which may arise or result, directly <br />or indirectly, from or by reason of such: loss, injury or damage. <br />The amounts of such insurance against liability due to physical <br />damages to property shall not be less than the amounts required <br />by the Village from contractors generally for Village projects or <br />for work in or on Village rights-of-way and shall be increased as <br />necessary to meet increased Village requirements, upon receipt <br />of notice by Village to Grantee of such increase. <br />The Company shall comply with all applicable Workers' <br />Compensation and Unemployment Compensation laws of the State of <br />Ohio and the Federal Government and shall provide to the. Village <br />proof of such compliance in the form required by the Village. <br />All insurance required by"this Agreement shall be and <br />remain in full force and effect during the entire term hereof. <br />Such policy or policies of insurance as are carried by the <br />