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ORDINANCE NO. 2000
<br />PAGE 19
<br />§9045.21 HOLD HARMLESS.
<br />(a) Grantee, under any franchise operated pursuant to this chapter, shall agree to
<br />indemnify, hold harmless, release and defend the Village, its officers, boards, commissions,
<br />agents and employees from and against any and all lawsuits, claims, causes of action,
<br />actions, liability, demands, damages, disability, losses, expenses, including reasonable
<br />attorneys' fees and costs or liabilities of any nature that may be asserted by any person
<br />resulting or in any manner arising from the action or inaction of the Grantee, its
<br />subcontractors, employees, and agents, in constructing, operating, maintaining, repairing
<br />or removing the system, in carrying on Grantee's business or operations in the Village or
<br />in exercising orfailing to exercise any right or privilege granted by the franchise agreement.
<br />This indemnity shall apply, without limitation, to any action or cause of action for invasion
<br />of privacy, defamation, antitrust, errors and omissions, theft, fire, violation or infringement
<br />of any copyright, trademark, trade names, service mark or patent, or any other right of any
<br />person, firm or corporation, whether or not any act or omission complained of is authorized,
<br />allowed or prohibited by this chapter or any franchise agreement, but shall not include any
<br />claim or action arising out of the actions or omissions of Village officers, employees or
<br />agents or related to any Village programming or other access programming for which the
<br />Grantee is not legally responsible.
<br />(b) The Village shall promptly notify Grantee of any claims subject to indemnification
<br />by Grantee and shall cooperate with all reasonable requests by Grantee for information,
<br />documents, testimony or other assistance appropriate to a resolution of such claims.
<br />Grantee shall have full responsibility for and control of any action or undertaking directed
<br />at the resolution of such claims.
<br />§945.22 INSURANCE; CONSTRUCTION COMPLETION BOND; PERFORMANCE BOND.
<br />(a) Grantee shall provide insurance as specified in the franchise agreement.
<br />(b) With respect to the initial construction of the cable system, or any significant
<br />project to upgrade or rebuild more than 50% of the cable system, Grantee shall provide to
<br />Grantor a construction performance and construction completion bond (herein referred to
<br />as the "construction completion bond") with a surety approved by the Grantor's Law
<br />Director, in an amount equal to ten percent of the applicable estimated construction cost.
<br />Such amount, however, shall not exceed $200,000. With respect to initial construction of
<br />the cable system or the upgrade or rebuild project, when regular subscriber service is
<br />available to 75% of occupied dwelling units, amount of the bond shall be reduced by 50%
<br />of the original amount. On the one-year anniversary after completion of the initial
<br />construction of the cable system or the upgrade or rebuild project, as the case maybe, the
<br />bond may be canceled.
<br />(c) Within 60 days of the ordinance adopting the franchise agreement, Grantee shall
<br />deposit with Grantor a surety bond or, at the option of Grantee, a letter of credit in the
<br />amount of $50,000 in a form reasonably acceptable to the Law Director of Grantor
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