All insurance policies shall be with sureties qualified to do business
in the Commonwealth of Pennsylvania, shall be with sureties with an A-1 or
better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition,
and in a form approved by the Township Manager.
All insurance policies shall be available for review by the Township
and a franchisee shall keep on file with the Township, certificates of insurance.
All insurance policies shall name the Township, its officers, boards,
Supervisors, agents and employees as additional insureds and 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 Township.
A franchisee shall not cancel any required insurance policy without submission
of proof that the franchisee has obtained alternative insurance satisfactory
to the Township which complies with this chapter.
A franchisee shall, at its sole cost and expense, indemnify, hold harmless
and defend the Township, its officials, boards, commissions, commissioners,
agents and employees against any and all claims, suits, causes of action,
proceedings and judgments for damages or equitable relief arising out of the
construction, maintenance or operation of its broadband system, the conduct
of franchisee's business in the Township or in any way arising out of the
franchisee's enjoyment or exercise of a franchise granted hereunder, 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 Township's reasonable attorney's fees incurred in defending
against any such claim, suit or proceeding and claims arising out of copyright
infringements or a failure by the franchisee to secure consents from the owners,
authorized distributors or franchisees of programs to be delivered by the
broadband system.
A franchisee shall, at its sole cost and expense, fully indemnify, defend
and hold harmless the Township and in its capacity as such, the officers,
agents and employees thereof, from and against any and all claims, suits,
actions, liability and judgments for damages or otherwise subject to § 638
of the Cable Act, 47 U.S.C. § 558, arising out of or alleged to
arise out of the installation, construction, operation or maintenance of its
system including, but not limited to, any claim against the franchisee for
invasion of the right of privacy, 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.
Nothing herein shall prohibit the Township from participating in the defense
of any litigation by its own counsel at its own cost and expense.
Neither the provisions of this section nor any damages recovered by
the Township shall be construed to limit the liability of the franchisee for
damages under any franchise issued hereunder.