§ 6. Liability and Indemnification.  

Latest version.
  • (a)

    The grantee shall pay and by its acceptance of this franchise the grantee specifically agrees that it will pay all damages and penalties which the City may legally be required to pay as a result of granting this franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation, or maintenance of the cable television system authorized herein, whether or not any act or omission complained of is authorized, allowed, or prohibited by this franchise.


    The grantee shall pay and by its acceptance of this franchise specifically agrees that it will pay all expenses incurred 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 attorney or his assistants or any employees of the city.


    The grantee shall at all times protect and hold harmless the city and the board of commissioners from all claims, actions, suits, liability, loss or expense or damages of every kind and description (herein collectively referred to as "claims"), including investigation costs, courts costs, and attorney fees, which may accrue to or be suffered or claimed by any person or persons arising out of the negligence of the grantee in the ownership, construction, installation, repair, replacement, maintenance and operation of the cable television system. The city shall give the grantee prompt written notice of any such claims filed against it. The grantee shall have the right to defend, settle, or compromise any claims, suits, actions or other legal proceedings arising hereunder at the grantee's sole discretion. The city shall fully cooperate with the grantee in the defense, settlement or compromise of said claims, suits, actions or other legal proceedings.


    The grantee shall maintain in full force and effect during the life of this franchise, public liability insurance in a solvent insurance company authorized to do business in the State of Alabama in at least the following amounts:


    Three hundred thousand dollars ($300,000.00) for property damage in any one accident;


    Five hundred thousand dollars ($500,000.00) for personal injury to any one person;


    One million dollars ($1,000,000.00) for personal injury in any one accident; and


    One million dollars ($1,000,000.00) for all other types of liability.