(A) To the extent permitted by law, each cable operator shall defend, indemnify, and hold harmless the City, its officials, authorized agents and employees from any and all penalty, damage, or loss arising out of claims, suits, demands, causes of action, or award of damages which might be claimed now or in the future, which arise out of, or are caused by, the construction, erection, location, products performance, operation, maintenance, repair, installation, replacement, removal or restoration of the operator's cable system within the City except that this indemnity shall not apply to claims to the extent they result from the City's negligence or wrongdoing. Reasonable attorney's fees, consultants fees, expert witness fees and other expenses of litigation are included as those costs which may be recovered by the City. In addition:
(1) If a cable operator obtains counsel for the City, its officials, agents and employees, then the cable operator shall consult with the City on the selection of counsel.
(2) The City, its officials, agents and employees shall have the right to retain counsel of their own at their own expense.
(3) With respect to a cable operator's own defense of any of the actions noted in this section, it is understood that the cable operator reserves the right to retain its own counsel at its own expense without the City's approval.
(B) Nonliability of City.
(1) The City shall not and does not by reason of this chapter or the granting of a certificate of franchise assume any liability of the cable operator whatsoever for injury or loss to persons or property.
(2) The cable operator shall pay and by its acceptance of the certificate of franchise specifically agrees it will pay all damages, losses and penalties which the City may legally be required to pay as a result of granting a franchise certificate to the cable operator. Those damages, losses or penalties shall include, but shall not be limited to damages arising out of copyright infringements and all other damages arising out of the installation, operation or maintenance of the cable system authorized herein, and all other broadcasting or other transmission hereover or therethrough (except for public, educational, and governmental access programming, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise.
(3) In any court proceeding involving any claim against the City or any official, member, employee, or agent of the city, arising from the regulation of cable service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of a franchise, any relief, to the extent such relief is required by any other provision of Federal, State or local law, shall be limited to injunctive relief and declaratory relief.
(4) The cable operator acknowledges by the acceptance of a franchise agreement that it has carefully read the provisions, terms and conditions hereof and is willing to, and does accept, all of the risk attendant to said provisions, terms and conditions hereof.
(Ord. 13-08, passed 6-3-13)
