§ 6. Franchise requirements.

(a)

Corporate surety bond re: city. Upon acceptance of such franchise, grantee shall file with the city Clerk-Treasurer and shall thereafter during the entire term of such franchise maintain in full force and effect a corporate surety bond or other adequate surety agreement in the amount of $100,000.00 conditioned that in the event grantee shall fail to comply with any one or more of the provisions of such franchise, then there shall be recoverable jointly and severally from the principal and surety any damages or costs suffered or incurred by the city or by any subscriber as a result thereof, including attorneys' fees and costs of any action, or proceeding, and including the full amount of any compensation, indemnification, cost of removal of any property or other costs which may be incurred up to the full principal amount of such bond; and said condition shall be a continuing obligation during the entire term of such franchise and thereafter until grantee shall have satisfied in full any and all obligations to the city and any subscriber which arise out of or pertain to said franchise. Neither the provisions of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder shall be construed to excuse faithful performance by the grantee, or limit the liability of the grantee under any franchise issued pursuant to this ordinance.

(b)

Comprehensive liability insurance. Upon acceptance of such franchise grantee shall file with the city Clerk-Treasurer and shall thereafter during the entire term of such franchise maintain in full force and effect a single limit comprehensive liability insurance with coverage in an amount of not less than $300,000.00; together with automobile liability coverage of not less than $500,000.00; and, in addition, an excess liability umbrella policy with minimum limit of $1,000,000.00 on all the above coverages. The insuring institutions, and the form and substance of the notices shall be approved by the city attorney, and shall assure grantee, and shall provide primary coverage for the city, its officers, boards, commissions, agents and employees against liability for loss of [or] damage for personal injury, death, and property damage occasioned by any activity or operation of grantee under such franchise, and which shall contain and include a standard cross-liability endorsement thereto.

(c)

Hold harmless agreement. Grantee shall indemnify and hold harmless the city, its officers, boards, commissions, agents, and employees, against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages (including but not limited to damages to city property and damages arising out of copyright infringements, and damages arising out of any failure by grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by grantee's cable television system), costs or liabilities (including costs or liabilities of the city with respect to its employees), of every kind and nature whatsoever, including, but not limited to, damages for injury or death or damage to person or property, and regardless of the merit of any of the same, against all liability to others, and against any loss, cost and expense resulting or arising out of any of the same, including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense, or other costs or expense arising out of or pertaining to the exercise or the enjoyment of any franchise hereunder by grantee, or the granting thereof by the city.

(d)

Defense of litigation.

i.

Grantee shall at the sole risk and expense of grantee, upon demand of the city, made by and through the city attorney, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasijudicial, administrative, legislative, or otherwise, brought or instituted or had by third persons or duly constituted authorities, against or affecting the city, its officers, boards, commissions, agents or employees, and arising out of or pertaining to the exercise or the enjoyment of such franchise, or the granting thereof by the city.

ii.

Grantee shall pay and satisfy and shall cause to be paid and satisfied any judgment, decree, order, directive, or demand rendered, made or issued against grantee, the city, its officers, boards, commissions, agents or employees in any of these premises; and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other assurance required hereunder, or otherwise; provided, that neither grantee nor city shall make or enter into any compromise or settlement of any claim, demand, cause of action, action, suit, or other proceeding, without first obtaining the written consent of the other.

(e)

The insurance policy and bond obtained by the grantee in compliance with this ordinance along with written evidence of payment of required premiums, shall be filed and maintained in full force with the city Clerk-Treasurer during the term of the franchise, and shall contain a provision requiring not less than 30 days' notice to the city of cancellation.