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3. Indemnification of City.
<br />a. City, its officers, boards, committees, commissions, elected officials,
<br />employees and agents shall not be liable for any loss or damage to any real
<br />or personal property of any Person, or for any injury to or death of any
<br />Person, arising out of or in connection with Grantee's construction,
<br />operation, maintenance, repair or removal of the System or as to any other
<br />action of Grantee with respect to this Franchise.
<br />b. Grantee shall indemnify, defend, and hold harmless City, its officers,
<br />boards, committees, commissions, elected officials, employees and agents,
<br />from and against all liability, damages, and penalties which they may
<br />legally be required to pay as a result of the City's exercise, administration,
<br />or enforcement of the Franchise.
<br />c. Nothing in this Franchise relieves a Person, except City, from liability
<br />arising out of the failure to exercise reasonable care to avoid injuring the
<br />Grantee's facilities while performing work connected with grading,
<br />regarding, or changing the line of a Right -of -Way or public place or with
<br />the construction or reconstruction of a sewer or water system.
<br />4. Insurance.
<br />a. As a part of the indemnification provided in Section 8.3, but without
<br />limiting the foregoing, Grantee shall file with City at the time of its
<br />acceptance of this Franchise, and at all times thereafter maintain in full
<br />force and effect at its sole expense, a comprehensive general liability
<br />insurance policy, including broadcaster's /cablecaster's liability and
<br />contractual liability coverage, in protection of the Grantee, and the City,
<br />its officers, elected officials, boards, commissions, agents and employees
<br />for any and all damages and penalties which may arise as a result of this
<br />Franchise. The policy or policies shall name the City as an additional
<br />insured, and in their capacity as such, City officers, elected officials,
<br />boards, commissions, agents and employees.
<br />b. The policies of insurance shall be in the sum of not less than $1,000,000.00
<br />for personal injury or death of any one Person, and 52,000,000.00 for
<br />personal injury or death of two or more Persons in any one occurrence,
<br />$500,000.00 for property damage to any one person and $2,000,000.00 for
<br />property damage resulting from any one act or occurrence.
<br />c. The policy or policies of insurance shall be maintained by Grantee in full
<br />force and effect during the entire term of the Franchise. Each policy of
<br />insurance shall contain a statement on its face that the insurer will not
<br />cancel the policy or fail to renew the policy. whether for nonpayment of
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