A. 
Performance bond. Upon the effective date of the 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 Township, 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. The corporate surety bond referred to herein must be issued by a reputable insurance company authorized to do business in the Commonwealth of Pennsylvania and rated at least A- by the Best Rating Service.
B. 
Conditions. The performance bond shall provide the following conditions: There shall be recoverable by the Township jointly and severally from the principal and surety, any and all fines and liquidated damages due to the Township and any and all damages, losses, costs, and expenses suffered or incurred by the Township 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 Township agency or body having jurisdiction over its acts or defaults; pay fees due to the Township; or pay any claims, liens or taxes due the Township 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 attorney's fees and other associated expenses.
C. 
Reduction of bond. Upon written application by the grantee, the Township 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 Township'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. 
Construction bond. The grantee shall maintain and by its acceptance of any franchise granted hereunder agrees that it will maintain through the rebuild or construction of the cable television system as required by this chapter or the franchise, a faithful construction bond in an amount specified in the franchise conditioned upon the faithful performance of the grantee in the construction or rebuild of a cable television system complying with related provisions of this chapter and the franchise, and upon the further condition that if the grantee shall fail to comply with any law, ordinance or regulation governing the construction or rebuild of the cable television system, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or loss suffered by the Township as a result, including the full amount of any compensation, indemnification, or cost of repair, construction, removal or abandonment of any property of the grantee, plus attorney's fees and costs, up to the full amount of the bond. Any bond required by the provisions of this subsection shall be issued by a reputable insurance company authorized to do business in the Commonwealth of Pennsylvania and rated at least A- by the Best Rating Service.
E. 
Use of performance bond and construction bond. Prior to drawing upon the performance bond or the construction bond for the purposes described in this section, the Township shall give the grantee written notice of its intent to draw on the bond. Said notice shall detail the basis for drawing on the bond and, if the grantee has not already been provided with a written notice of violation and an opportunity to correct the violation, the notice provided under this subsection shall provide the grantee with a minimum of 30 days to remedy the matter. If the matter is not remedied within the cure period specified in the applicable notice, the grantee shall have 10 days from the receipt of such written notice to make a full and complete payment. If the grantee does not make the payment within 10 days, the Township may withdraw the amount thereof, with interest, from the performance bond. Nothing herein shall preclude the Township from taking action in emergency situations without the thirty-day period specified above.
F. 
Notification. Within three days of a withdrawal from the performance bond or construction bond, the Township shall send to the grantee, by certified mail, return receipt requested, written notification of the amount, date and purpose of such withdrawal.
G. 
Replenishment of performance bond and construction bond. No 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 and/or construction bond in an amount equal to the amount so withdrawn.
H. 
Nonrenewal, alteration, or cancellation of performance bond and construction bond. The performance bond and construction bond required herein shall be in a form satisfactory to the Township and shall require 30 days' written notice of any nonrenewal, alteration or cancellation to both the Township and the grantee. The grantee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the Township, written evidence of the issuance of replacement bond or policies within 30 days following receipt by the Township or the grantee of any notice of cancellation.
I. 
Inflation. To offset the effects of inflation, the amount of the performance bond provided for herein, is subject to reasonable adjustment as provided in the franchise.
A. 
Certificate of insurance. 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 Township, certificates of insurance, approved by the Township, 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. 
Filing. Any insurance policy obtained by the grantee in compliance with this section shall be filed and maintained with the Township Manager during the term of the franchise, and may be changed from time to time to reflect changing liability limits and/or to compensate for inflation consistent with Subsection H below. The grantee shall immediately advise the Township of any litigation that may develop that would affect this insurance.
C. 
No liability limit. Neither the provisions of this section or any damages recovered by the Township hereunder, shall be construed to or limit the liability of the grantee under any franchise issued hereunder or for damages.
D. 
Endorsement. 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 the Township Manager, by registered mail, of a written notice of such intention to cancel or not to renew.
E. 
Hold harmless clause. 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 Township, its officials, 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 attorney's 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 by grantee, its employees, agents and contractors or their successors. The foregoing indemnity shall apply except if such injury, death or damage is caused directly by the negligence or other fault of the Township, its agents, servants, or employees or any other person indemnified hereunder.
F. 
Commonwealth institution. All insurance policies provided under the provisions of this chapter or the franchise shall be written by companies authorized to do business in the commonwealth, approved by the Pennsylvania Department of Insurance, and rated at least A- by the Best Rating Service.
G. 
Named insured. At any time during the term of the franchise, the Township may request and the grantee shall comply with such request, to name the Township as an additional named insured for all insurance policies written under the provisions of this chapter or the franchise.
H. 
Inflation. 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, upon the determination of the Township.
I. 
General liability insurance. 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 or death to any one person; and
(4) 
Ten million dollars bodily injury or death aggregate per single accident or occurrence.
J. 
Policy inclusions. 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.
K. 
Automobile liability insurance. 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) 
Five hundred thousand dollars for bodily injury and consequent death to any one person; and
(3) 
Five hundred thousand dollars for property damage per occurrence.
L. 
Workers' compensation and employer's liability insurance. 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, worker's compensation and employer's liability, valid in the commonwealth, in the minimum amount of:
(1) 
Statutory limit for worker's compensation; and
(2) 
One hundred thousand dollars for employer's liability.
M. 
No limitation on liability. None of the provisions of this chapter or any insurance policy required herein, or any damages recovered by the Township hereunder, shall be construed to excuse the faithful performance by or limit the liability of grantee under this chapter or the franchise for damages either to the limits of such policies or otherwise.
A. 
Indemnification. To the fullest extent permitted by law, the grantee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the Township, its officers, public officials, boards and commissions, agents, and employees from and against any and all lawsuits, claims, (including without limitation workers compensation claims against the Township or others), causes of action, actions, liability, and judgments for injury or damages (including but not limited expenses for reasonable legal fees and disbursements assumed by the Township in connection therewith but excluding claims, suits, actions, liabilities, judgments or damages that are the direct result of negligence or deliberate acts or omission of the Township, its officers, employees, agents, boards or commissions):
(1) 
To persons or property, in any way arising out of or through the acts or omissions of the grantee, its subcontractors, agents or employees, to which grantee's negligence shall in any way contribute, and regardless of whether the Township's negligence or the negligence of any other party shall have contributed to such claim, cause of action, judgment, injury, or damage.
(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 any other right of any person, firm or corporation, but excluding claims arising out of or related to Township or educational access programming.
(3) 
Arising out of the grantee's failure to comply with the provisions of any federal, commonwealth, or local statute, ordinances or regulation applicable to grantee in its business hereunder.
B. 
The foregoing indemnity is conditioned upon the following: The Township shall give the grantee reasonable notice of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. The grantee will provide the defense of any claims brought against the Township under this section of the franchise by selecting counsel of the grantee's choice to defend the claim, subject to the reasonable consent of the Township; which will not unreasonably be withheld. Nothing herein shall be deemed to prevent the Township from cooperating with the grantee and participating in the defense of any litigation by its own counsel at its own costs and expense, provided, however, that the grantee shall have the right to defend, settle or compromise any claim or action arising hereunder and the grantee shall have the sole authority to decide the appropriateness and the amount of any such settlement. Recovery by the Township of any sum by reason of the liquidated damages required by the franchise shall be deducted from any recovery which the Township might have against the grantee arising out of the same transaction under the terms of this section.