§ 26-23. Insurance and indemnification.

(a)

A franchisee shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain, throughout the entire term of the franchise including any renewals thereof, the following liability insurance coverage insuring the franchisee and naming the county as an additional insured: worker's compensation and employer liability insurance to meet all requirements of state law, automobile liability insurance, and general comprehensive liability insurance with respect to the construction, operation, and maintenance of the cable system or OVS, and the conduct of the franchisee's business in the county, in the minimum amounts of:

(1)

$1,000,000.00 for property damage in any one accident;

(2)

$1,000,000.00 for personal bodily injury to any one person; and

(3)

$3,000,000.00 million for personal bodily injury in any one accident.

(b)

All insurance policies shall be with sureties qualified to do business in the state and shall be with sureties with a minimum rating of A- in Best's Key Rating Guide, Property/Casualty Edition. The county may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law.

(c)

A franchisee shall keep on file with the county certificates of insurance which certificates shall indicate evidence of payment of the required premiums and shall indicate that the county, its officers, boards, commission, board members, agents, and employees are listed as additional insureds. In the event of a potential claim such that the county claims insurance coverage, the franchisee shall immediately respond to all reasonable requests by the county for information with respect to the scope of the insurance coverage.

(d)

All insurance policies shall further provide that any cancellation or reduction in coverage shall not be effective unless 30 days prior written notice thereof has been given to the county. A franchisee shall not cancel any required insurance policy without submission of proof that the franchisee has obtained alternative insurance that complies with this chapter.

(e)

A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the county, its officials, board members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the construction, maintenance, or operation of its cable system or open video system, the conduct of franchisee's business in the county, or in any way arising out of the franchisee's enjoyment or exercise of a franchise, regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this chapter or a franchise agreement. This provision includes, but is not limited to, the county's reasonable attorneys' fees incurred in defending against any such claim, suit, or proceedings; and claims arising out of copyright infringements or a failure by the franchisee to secure consents from the owners, authorized distributors, or providers of programs to be delivered by the cable system or open video system, claims arising out of § 638 of the cable act, 47 U.S.C. § 558, and claims against the franchisee for invasion of the right of privacy, defamation of any person, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person. The county agrees to notify franchisee, in writing, within ten days of the county receiving notice of any issue it determines may require indemnification. Nothing in this chapter shall prohibit the county from participating in the defense of any litigation by its own counsel and at its own cost.

(Ord. No. 02-18, § 2, 7-30-02)