§ 117. Liability and insurance.

117.(a). The Company agrees by the acceptance of this franchise to indemnify, keep and save the City free and harmless from liability on account of injuries or damage to persons or property arising out of the construction, maintenance, repair and operation of its Cable System. In the event that suit shall be brought or that recourse or damages shall be sought against the City either independently or jointly with the Company on account thereof, the Company, upon notice by the City, shall defend the City in any such suit or action at the cost of the Company, and in the event of final judgment being obtained against the City either independently or jointly with the Company, the Company shall indemnify the City and pay such judgment with all costs and hold the City harmless therefrom.

117.(b). The Company shall pay, and by its acceptance of the franchise, specifically agrees that it will pay all additional expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in Section 117(a) above. These additional expenses shall include, but not be limited to, fees for outside attorneys and special consultants.

117.(c). The Company shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain throughout the term of the franchise, liability insurance insuring the City and the Company with regard to all damages mentioned in Section 118 in the minimum amount of the liability limits imposed on the City under Minnesota Statute Chapter 466.04 or as amended, or the following, whichever is higher:

117.(c).(1). $500,000.00 for property damage to any one Person;

117.(c).(2). $2,000,000.00 for property damage in any one accident;

117.(c).(3). $1,000,000.00 for personal injury to any one Person; and

117.(c).(4). $2,000,000.00 for personal injury in any one accident.

117.(d). The insurance policy obtained by the Company in compliance with this section must be approved by the City Attorney and such insurance policy and may be changed from time to time to reflect rising liability limits. Upon request of the City, Company shall provide written evidence of payment of required premiums insurance policy premiums. The Company shall immediately in writing advise the City Attorney of any litigation that may develop that would affect this insurance.

117.(e). Neither the provisions of this section or any damages recovered by the City thereunder shall be construed to or shall limit the liability of the Company under its franchise for damages.

117.(f). All insurance policies maintained pursuant to this franchise shall contain the following endorsement:

"It is hereby understood and agreed that this insurance policy may not be canceled nor the intention not to renew be stated until sixty (60) days after receipt by the City, by registered mail, of written notice of such intention to cancel or not to renew."

117.(g). Nothing in this section shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid injuring the Company's facilities while performing any work connected with grading, regrading or changing the line of any Street or public place or with the construction or reconstruction of any sewer or water system.

117.(h). For purposes of this Article I, Section 117, the term "City" includes the City of St. Paul, its elected officials, officers, boards (including the Board of Water Commissioners), commissions or employees.

(Ord 15-55, § 1, 11-12-15)