80-029 Ordinance - Laserfiche WebLink

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f.. . CITY OF Nl,~:~"H OLMSTED -ORDINANCE N0. 80-29 .PAGE 15 .,~... • ,(f) The Grantee shall notify each subscriber at the time • o,f initial installation of the name and address of the City Com- plaint Officer and of the procedures contained in this Section. SECTION 19: GENERAL INDEMNIFICATION AND .LIABILITY INSURANCE (a) The Grantee agrees by the acceptance of this franchise to indemnify, keep and save the City free and harmless from lia- bility on account of injuries or damage to persons or property arising out of the construction, maintenance, repair and opera- tion of its cable television system. In the event that suit shall be brought against the City either independently or jointly with the Grantee on account thereof, the Grantee upon notice by the City, shall defend the City in any such suit at the cost of the Grantee, and, in the event of final judgement being obtained against the City either independently or jointly with the Grantee, the Grantee shall indemnify the City and pay such judgement with all costs and hold the City harmless therefrom. (b) The Grantee shall pay, and by its acceptance of the franchise specifically agrees that it will pay, all expenses in- curred by the City in defending itself with regard to all damages and penalties mentioned in Subsection (a) above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered by the City's attorney or his assistants or any employees of the City or its agents. (c) The Grantee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, through- out the term of the franchise, liability insurance insuring the City and the Grantee with regard to all damages mentioned in Sub- section (a) hereof in the minimum amounts of: (1) $300,000 for property damage in any one occurrence; (2) $500,000 for property damage in the aggregate; (3) $500,000 for bodily injury to any one person; and (4) $1,000,000 for bodily injury in any one occurrence. (d) The insurance policy obtained by the Grantee in compli- ance with this Section shall be approved by the City, and such policy shall be filed and maintained with the Clerk of the Council during the term of this franchise. (e) Neither the provisions of this Section nor any damages recovered by the City thereunder shall be construed as limiting. the terms, obligations or liabilities imposed under other sections of this franchise. (f) All insurance policies maintained pursuant to this fran- chise shall contain the following endorsement: "It is hereby understood and agreed that this insurance policy may not be cancelled by the surety nor the inten- tion not to renew be stated by the surety until thirty (30) days after receipt by the City of North Olmsted, Ohio, by registered mail, of a written notice of such intention to cancel or not to renew." SECTION 20: LETTER OF CREDIT (a) Within ten (10) days after the award of this franchise, the Grantee shall deposit with the Clerk of the Council a Letter of Credit from a local financial institution in the amount of Fifty Thousand Dollars ($50,000.00). The form and content of such Letter of Credit shall be approved by the City. The Letter of Credit shall be used to ensure the faithful performance by the Grantee of all provisions of this Ordinance; compliance with all