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O-1998-2260
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O-1998-2260
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Last modified
11/2/2016 3:39:01 PM
Creation date
7/25/2006 4:23:03 PM
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Legislative Records
Legislative Type
Ordinance
Date
8/24/1998
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<br />tit <br /> <br />e <br /> <br />will protect, defend, indemnifY and hold harmless the City, its agents, assigns, legal representatives, <br /> <br /> <br />employees and officers (collectively, "the City") from any and all fines, demands, judgments, <br /> <br /> <br />liabilities or claims arising by reason of or in connection with: <br /> <br /> <br />A. the actual or alleged errors, omissions, or negligent acts of Grantee relating <br /> <br /> <br />to this Franchise, or <br /> <br /> <br />B. any services or performances undertaken by Grantee to create or fulfill this <br /> <br />Franchise, or <br /> <br />C. any actual or alleged joint or concurrent negligent acts or omissions of the <br /> <br /> <br />City and Grantee, in any way relating to this Franchise. It is expressly agreed that Grantee's <br /> <br /> <br />liability under this indemnity clause is separate from its duties under the insurance provisions <br /> <br /> <br />herein and shall not exceed $1,000,000 per occurrence, exclusive of costs of defending the City. <br /> <br /> <br />Grantee may, where feasible and at its own discretion, acquire insurance to satisfY its obligations <br /> <br /> <br />under this section. <br /> <br /> <br />5. The foregoing provisions notwithstanding, Grantee shall not indemnifY the City for <br />any damages, penalties or costs resulting from a) cablecasting any Public, Educational or <br />Government Access programming in accordance with this Franchise, b) use of the Cable System's <br />emergency alert service by the City and c) providing Cable Service to schools and public buildings <br />in accordance with Section 13 herein. <br /> <br />Section 16. COMPLIANCE WITH CITY, STATE AND FEDERAL LAWS. The <br /> <br />construction, maintenance, and operation of the Cable System and all property of the Grantee <br /> <br />subject to the provisions of this Franchise shall be subject to all lawful police powers, rules and <br /> <br />regulations of general applicability that may hereafter be adopted by the City. Notwithstanding any <br /> <br />other provision of this Franchise to the contrary, the Grantee shall at all times comply with all laws, <br /> <br />16 <br />
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