Indemnification for Cable Act claims. Franchisee shall, at its sole
cost and expense, fully indemnify, defend, and hold harmless the Borough,
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 of 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. This indemnity does not apply
to programming carried on any 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 pre-screening programming for the purported purpose of banning
indecent or obscene programming. Nothing herein shall prohibit the
Borough from participating in the defense of any litigation by its
own counsel and obtaining indemnification for the costs associated
therewith.