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, <br />The GRANTEE further agrees to pay all costs including but not limited to legal <br />fees, court costs and related fees and expenses associated with GRANTEE's <br />defense of the City with respect to claims made pursuant to Subsection A, above. <br />B. If GRANTEE shall fail to provide the defense required by Subsection A, <br />above, the GRANTEE shall pay, and by its acceptance of the Franchise, specifically <br />agrees that it will pay, all reasonable expenses incurred by the City, its employees or <br />representatives in defending itself with regard to all damages and penalties <br />mentioned in Subsection A above. <br />C. The City shall give GRANTEE prompt written notice of any claim, <br />demand, action or proceeding for which indemnification will be sought under <br />Subsection A, above and, if such claim, demand, action or proceeding is a third-party <br />claim, demand, action or proceeding, GRANTEE or its insurer will have the right at its <br />expense to assume the defense of such claim, demand, action or proceeding, using <br />counsel reasonably acceptable to the City . The City shall have the right to participate, <br />at its own expense, with respect to any such third-party claim, demand, action or <br />proceeding that GRANTEE so defends. In connection with any such third-party claim, <br />demand, action or proceeding, GRANTEE and the City shall cooperate with each other <br />and provide each other with access to relevant books and records in their <br />possession. No such third-party claim, demand, action or proceeding shall be settled <br />without the prior written consent of the City, which consent the City shall not <br />unreasonably withhold or delay. <br />D. The GRANTEE shall maintain, and by its acceptance of the Franchise <br />specifically agrees that it will maintain, throughout the term of the Franchise, liability <br />insurance; insuring the City, its employees, representatives and the GRANTEE with <br />regard to all damages mentioned in Subsection A hereof in the minimum amounts of: <br />1. $500,000 for property damage per occurrence. <br />2. $500,000 for bodily damage per occurrence. <br />3. $500,000 for personal injury to any one person. <br />4. $5,000,000 excess umbrella insurance coverage covering all of <br />the aforementioned classes of required coverage. <br />GRANTEE maintains the right to self-insure any of the insurance coverages <br />listed above. <br />1 4