[Code 1974, § 126-11]
(a)
Township not liable. The Township, and its officers, agents, elected
or appointed officials, employees, departments, boards, and commissions,
shall not be liable to a permittee or to its affiliates or customers
for any interference with or disruption in the operation of a permittee's
telecommunications system or the provision of telecommunications services,
or for any damages arising out of a permittee's use of the public
rights-of-way.
(b)
Indemnification. As a condition of a permit, a permittee shall defend,
indemnify, protect, and hold harmless the Township, its officers,
agents, employees, elected and appointed officials, departments, boards,
and commissions from any and all claims, losses, liabilities, causes
of action, demands, judgments, decrees, proceedings, and expenses
of any nature, including, without limitation, attorneys' fees,
arising out of or resulting from the acts or omissions of the permittee,
its officers, agents, employees, contractors, successors, or assigns,
but only to the extent of the fault of the permittee, its officers,
agents, employees, contractors, successors, or assigns.
[Code 1974, § 126-12]
(a)
Required coverage. A permittee shall obtain and maintain in full
force and effect for the duration of a permit the following insurance
covering all insurable risks associated with its ownership or use
of its telecommunications system:
(1)
A comprehensive general liability insurance policy, including
completed operations liability, independent contractors' liability,
contractual liability coverage, and coverage for property damage from
perils of explosion, collapse, or damage to underground utilities,
commonly known as XCU coverage, in an amount not less than $10,000,000.
(2)
An automobile liability insurance policy covering any vehicles
used in connection with its activities under its permit in an amount
not less than $1,000,000.
(3)
Workers' compensation and employer's liability insurance
with statutory limits.
(b)
Township to be additional insured. The Township shall be named as
an additional insured in all applicable policies. All insurance policies
shall provide that they shall not be canceled or modified unless 30
days prior written notice is given to the Township. A permittee shall
provide the Township with a certificate of insurance evidencing such
coverage as a condition of issuance of the permit and shall maintain
on file with the Township a current certificate. All insurance shall
be issued by insurance carriers licensed to do business by the state
or by surplus line carriers on the state insurance commission's
approved list of companies qualified to do business in the state.
All insurance and surplus line carriers shall be rated A+ or better
by A.M. Best Company.
(c)
Cross-liability. Each policy which is to be endorsed to add the Township
as an additional insured under this article, shall contain cross-liability
wording, as follows:
|
"In the event of a claim being made hereunder by one insured
for which another insured is or may be liable, then this policy shall
cover such insured against whom a claim is or may be made in the same
manner as if separate policies had been issued to each insured hereunder."
|
(d)
Deductibles. If the insurance policies required by this section are
written with deductibles in excess of $50,000, the deductibles shall
be approved in advance by the Township. A permittee agrees to indemnify
and save harmless the Township from and against the payment of any
deductible and from the payment of any premium on any insurance policy
required to be furnished by this article.
(e)
Other insurance required. The permittee shall require that its contractors and subcontractors working in public rights-of-way carry in full force and effect workers' compensation and employer liability, comprehensive general liability, and automobile liability insurance coverages of the types which permittee is required to obtain under Subsection (a) of this section with appropriate limits of coverage.
(f)
Primary insurance. The permittee's insurance coverage shall
be primary insurance with respect to the Township, its officers, agents,
employees, elected and appointed officials, departments, boards, and
commissions. Any insurance or self-insurance maintained by any of
them shall be in excess of the permittee's insurance and shall
not contribute to it.
