A.
A franchisee shall maintain, and by its acceptance
of a franchise specifically agrees that it will maintain, throughout
the entire length of the franchise period at least the following liability
insurance coverage insuring the township and the franchisee: workers'
compensation and employer liability insurance to meet all requirements
of Pennsylvania law and comprehensive general liability insurance
with respect to the construction, operation and maintenance of the
cable system and the conduct of the franchisee's business in the township,
in the minimum amounts of:
B.
Notwithstanding the foregoing, the franchisee shall
indemnify and hold township harmless without limit over and above
insurance limits.
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 for the franchisee and all subcontractors
of the franchisee.
All general liability insurance policies shall
name the township, its officers, boards, commissions, commissioners,
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 cable system, the conduct of the franchisee's business
in the township or in and way arising out of the franchisee's enjoyment
or exercise of a franchise granted hereunder, regardless or 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 attorneys' 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 cable 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 Section 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. This indemnity does not apply
to programming carried on any channel set aside for public, educational
or government use or channels leased pursuant to 47 U.S.C. § 532,
unless the franchisee was in any respect engaged in determining the
editorial content of the program or adopts a policy of prescreening
programming for the purported purpose of banning indecent or obscene
programming. Nothing herein shall prohibit the township from participating
in the defense of any litigation by its own counsel and obtaining
indemnification for the costs associated therewith.
Neither the provisions of this Article nor any
damages recovered by the township shall be construed to limit the
liability of the franchisee for damages under any franchise issued
hereunder.
