Throughout the entire term of the franchise, a franchisee shall maintain, and by its acceptance of a franchise specifically agrees that it will maintain, at least the following liability insurance coverage insuring the City and the franchisee: worker’s compensation and employer liability insurance to meet all requirements of California 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 City, in the minimum amounts of:
(A) 
One million dollars ($1,000,000) for property damage resulting from any one (1) accident;
(B) 
Five million dollars ($5,000,000) for personal bodily injury or death resulting from any one (1) accident; and
(C) 
Two million dollars ($2,000,000) for all other types of liability. The City may review and, by resolution, may modify these amounts no more than once a year.
Franchisee shall during the continuance of this Chapter and at no expense to City, maintain business automobile insurance, in the amount of one million dollars ($1,000,000) per occurrence on account of bodily or personal injuries, including death, or on account of property damage arising from or cause, directly or indirectly, by the performance under this Chapter. This insurance shall be a per occurrence policy.
Franchisee, in addition to all other insurance requirements herein, shall maintain insurance in the type and amount as may be required in any license, permit or agreement obtained in connection with the construction, operation, or repair of its cable system and which is necessary to complete any construction, operation, or repair (e.g., highway permit, railroad crossing agreement, Corps of Engineers permit), regardless of who secured the license, permit, or agreement.
All insurance policies shall be with sureties qualified to do business in the State of California, with an A or better rating of insurance by Best’s Key Rating Guide, Property/Casualty Edition, and in a form approved by the City.
All insurance policies shall be available for review by the City, and a franchisee shall keep on file with the City certificates of insurance executed by the insurance company or companies involved and submitted to the City before or at the time franchisee executed a franchise agreement.
All general liability insurance policies shall name the City, 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 thirty (30) days’ prior written notice thereof has been given to the City. A franchisee shall not cancel any required insurance policy without submission of proof that the franchisee has obtained alternative insurance satisfactory to the City which complies with this Chapter.
Each franchise agreement shall contain an indemnification provision which shall provide that the franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, 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; 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; the conduct of the franchisee’s business in the City; 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 applicable law or a franchise agreement.
(A) 
Without limiting the foregoing, the franchisee shall, at its sole cost and expense, fully indemnify, defend, and hold harmless the City, 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 governmental access 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 or regulating indecent or obscene programming.
(B) 
The indemnity provision includes, but is not limited to, the City’s reasonable attorneys’ fees incurred in defending against any such claim, suit, or proceeding.
(C) 
The City shall notify the franchisee in writing of its duty to indemnify in any case subject to the indemnity in which the franchisee is not named defendant or plaintiff. The franchisee shall employ competent counsel, reasonably acceptable to the City Attorney.