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 broadband system,
and the conduct of the franchisee's business in the township,
as follows:
A. One million dollars for bodily injury or death to any one person,
within the limit, however, of $2,000,000 for bodily injury or death
resulting from any one accident, and $5,000,000 for all injuries or
deaths resulting from any one accident.
B. Five hundred thousand dollars for property damage resulting from
any one accident.
C. Workers' compensation insurance on all employees engaged in
installation or service of its equipment.
D. A certificate evidencing the insurance coverage herein provided shall
be filed by the franchisee with the township.
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 the 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 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 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 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, trade mark, 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.