A. 
Not later than 45 days after the effective date of a franchise, the grantee shall obtain and maintain during the entire term of the franchise and any extensions and renewals thereof, at its cost and expense, and file with the County, a corporate surety bond in an amount specified in the franchise to guarantee the faithful performance of the grantee of all its obligations provided under this chapter and the franchise. Failure to timely obtain, file and maintain said bond shall constitute a substantial violation within the meaning of this section.
B. 
The performance bond shall provide the following conditions:
(1) 
There shall be recoverable by the County, jointly and severally from the principal and surety, any and all fines and liquidated damages due to the County and any and all damages, losses, costs, and expenses suffered or incurred by the County resulting from the failure of the grantee to faithfully comply with the provisions of this chapter and the franchise; comply with all orders, permits and directives of any county agency or body having jurisdiction over its acts or defaults; pay fees due to the County; or pay any claims, liens or taxes due the County which arise by reason of the construction, operation, maintenance or repair of the cable system. Such losses, costs and expenses shall include but not be limited to attorneys' fees and other associated expenses.
(2) 
The total amount of the bond shall be forfeited in favor of the County in the event that the grantee abandons the cable system at any time during the term of the franchise or any extension thereto; or the grantee assigns the franchise without the express written consent of the County.
C. 
Upon written application by the grantee, the County may, at its sole option, permit the amount of the bond to be reduced or waive the requirements for a performance bond subject to the conditions set forth below. Reductions granted or denied upon application by the grantee shall be without prejudice to the grantee's subsequent applications or to the County's right to require the full bond at any time thereafter. However, no application shall be made by the grantee within one year of any prior application.
D. 
Prior to drawing upon the performance bond for the purposes described in this section, the County shall notify the grantee, in writing, that payment is due, and the grantee shall have 20 days from the receipt of such written notice to make a full and complete payment. Said notice shall specifically reference the pending withdrawal from the performance bond. If the grantee does not make the payment within 20 days or request a hearing as authorized in Subsection E of this section, the County may withdraw the amount thereof, with interest and penalties, from the performance bond.
E. 
Upon the written request of the grantee transmitted to the County within 10 days after the grantee's receipt of the foregoing notice from the County, the County shall conduct a hearing upon the matters set forth in the respective notice transmitted by the County. The hearing shall afford the grantee full rights to be heard, to present testimony and evidence and to cross-examine witnesses. It shall be concluded by a written decision of the County, including a findings of fact. If the final written decision of the County shall be that the grantee has committed and failed to cure the subject breach(es) of its franchise and that the County has suffered or incurred the subject damages, costs and expenses, then the County shall be authorized to make the subject withdrawal from the performance bond at any date after 10 days shall have elapsed from and after the date on which a certified copy of such decision shall have been delivered to the grantee. If the final written decision of the County shall be that the grantee has not committed, or has not failed to cure, the subject breach(es) of its franchise or that the County has not suffered or incurred the subject damages, costs and expenses, then the County shall not be authorized to make the subject withdrawal from the performance bond.
F. 
Within five days of a withdrawal from the performance bond, the County shall send to the grantee, by certified mail, return receipt requested, written notification of the amount, date and purpose of such withdrawal.
G. 
Not later than 30 days after mailing to the grantee by certified mail notification of a withdrawal pursuant to Subsection E above, the grantee shall replenish the performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the performance bond shall constitute a substantial violation of this chapter.
H. 
The performance bond required herein shall be in a form satisfactory to the County and shall require 30 days' written notice of any nonrenewal, alteration or cancellation to both the County and the grantee. The grantee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the County written evidence of the issuance of a replacement bond within 30 days following receipt by the County or the grantee of any notice of cancellation.
I. 
To offset the effects of inflation, the amount of the performance bond provided for herein is subject to reasonable increases at the end of every three-year period of the franchise, applicable to the next three-year period.
A. 
Prior to commencement of construction, but in no event later than 60 days after the effective date of the franchise and thereafter continuously throughout the duration of the franchise and any extensions or renewals thereof, the grantee shall furnish to the County certificates of insurance, approved by the County, for all types of insurance required under this section. Failure to furnish said certificates of insurance in a timely manner shall constitute a violation of this chapter.
B. 
A certificate for any insurance policy obtained by the grantee in compliance with this section shall be filed and maintained with the County during the term of the franchise. The grantee shall immediately advise the County of any litigation that may develop that would affect this insurance.
C. 
Neither the provisions of this section nor any damages recovered by the County hereunder shall be construed to or limit the liability of the grantee under any franchise issued hereunder or for damages.
D. 
All insurance policies maintained pursuant to this chapter or the franchise shall contain the following, or a comparable, endorsement:
It is hereby understood and agreed that this insurance policy may not be canceled by the insurance company nor the intention not to renew be stated by the insurance company until 30 days after receipt by Talbot County, by registered mail, of a written notice of such intention to cancel or not to renew.
E. 
All contractual liability insurance policies maintained pursuant to this chapter or the franchise shall include the provision of the following hold harmless clause:
The grantee agrees to indemnify, save harmless and defend the County, its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys' fees for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by the franchise and performed or caused to be performed. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the County, its agents, servants, or employees or any other person indemnified hereunder.
F. 
All insurance policies provided under the provisions of this chapter or the franchise shall be written by companies authorized to do business in the State of Maryland.
G. 
To offset the effects of inflation and to reflect changing liability limits, all of the coverages, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every three-year period of the franchise, applicable to the next three-year period.
H. 
The grantee shall maintain, and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the franchise, general liability insurance insuring the grantee in the minimum of:
(1) 
One million dollars for property damage per occurrence;
(2) 
Two million dollars for property damage aggregate;
(3) 
Five million dollars for personal bodily injury to any one person;
(4) 
Ten million dollars, bodily injury aggregate per single accident or occurrence.
I. 
Such general liability insurance must include coverage for all of the following: comprehensive form, premises, operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury.
J. 
The grantee shall maintain, and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the franchise, automobile liability insurance for owned, nonowned, or rented vehicles in the minimum amount of:
(1) 
One million dollars for bodily injury and consequent death per occurrence.
(2) 
Two million dollars for bodily injury and consequent death to any one person.
(3) 
Five hundred thousand dollars for property damage per occurrence.
K. 
The grantee shall maintain, and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the franchise, workers' compensation and employers' liability, valid in the State of Maryland, in the minimum amount of:
(1) 
Statutory limit for workers' compensation.
(2) 
One hundred thousand dollars for employer's liability.
A. 
The grantee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the County, its officers, boards and commissions, and County employees against any and all claims, suits, actions, liability and judgments for damages (including but not limited to expenses for reasonable legal fees and disbursements and liabilities assumed by the County in connection therewith):
(1) 
To persons or property, in any way arising out of or through the acts or omissions of the grantee, its servants, agents or employees, or to which the grantee's negligence shall in any way contribute.
(2) 
Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person, firm or corporation (excluding claims arising out of or relating to County programming).
(3) 
Arising out of the grantee's failure to comply with the provisions of any federal, state, or local ordinance or regulation applicable to grantee in its business hereunder.
B. 
The foregoing indemnity is conditioned upon the following: The County shall give the grantee prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the County from cooperating with the grantee and participating in the defense of any litigation by its own counsel at its sole cost and expense. No recovery by the County of any sum by reason of the liquidated damages required by this chapter or the franchise shall be subject to litigation by the grantee, except that any sum so received by the County shall be deducted from any recovery which the County might have against the grantee under the terms of this section.