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:
worker's 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 franchisee's business
in the Township, in the minimum amounts of:
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 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.
