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b. Grantee shall indemnify, defend, and hold harmless City, Commission, its
<br />officers, boards, committees, commissions, elected officials, employees and
<br />agents, from and against all liability, damages, and penalties which they may
<br />legally be required to pay as a result of the City or Commission's, as
<br />applicable, exercise, administration, or enforcement of the Franchise.
<br />C. Nothing in this Franchise relieves a Person, except City, from liability arising
<br />out of the failure to exercise reasonable care to avoid injuring the Grantee's
<br />facilities while performing work connected with grading, regarding, or
<br />changing the line of a Right -of -Way or public place or with the construction
<br />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 limiting
<br />the foregoing, Grantee shall file with Commission at the time of its
<br />acceptance of this Franchise, and at all times thereafter maintain in full force
<br />and effect at its sole expense, a comprehensive general liability insurance
<br />policy, including broadcaster's/cablecaster's liability and contractual liability
<br />coverage, in protection of the Grantee, and the City, Commission, its officers,
<br />elected officials, boards, commissions, agents and employees for any and all
<br />damages and penalties which may arise as a result of this Franchise. The
<br />policy or policies shall name the City and Commission as an additional
<br />insureds, and in their capacity as such, City and Commission officers, elected
<br />officials, 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 $2,000,000.00 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 cancel
<br />the policy or fail to renew the policy, whether for nonpayment of premium,
<br />or otherwise, and whether at the request of Grantee or for other reasons,
<br />except after sixty (60) days advance written notice have been provided to
<br />Commission.
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