Greenfield Municipal Code Art. V General Financial and Insurance Provisions

A. Prior to the commencement of any construction work by grantee, grantee shall file with grantor a construction bond in the amount specified in the franchise agreement in favor of grantor and any other person who may claim damages as a result of the breach of any duty by grantee assured by such bond.

B. Such bond as contemplated herein shall be in the form approved by grantor.

C. In no event shall the amount of said bond be construed to limit the liability of grantee for damages.

D. Grantor, at its sole option, may waive this requirement and permit consolidation of the construction bond with the performance bond provided for in Section 5.24.250.

E. Notwithstanding the provisions of subsections (a), (b) and (c) of this section, no construction bond will be required of grantee for rebuilding or extension of an existing cable communications system unless such rebuilding or extension is projected to cost in excess of one hundred thousand dollars, in which event a construction bond in an amount to be agreed upon by the parties may be required.

(Ord. 322 § 5.01, 1986)

A. In addition to any construction bond set forth in Section 5.24.240, grantee shall, at least thirty days prior to the commencement of operation of the cable communications system, file with the grantor a performance bond in the amount specified in the franchise agreement in favor of grantor and any other person who may be entitled to damages as a result of any occurrence in the operation or termination of the cable communications system operated under the franchise agreement, and including the payment required to be made to grantor hereunder.

B. Such bond as contemplated herein shall be in the form approved by the grantor.

C. In no event shall the amount of said bond be construed to limit the liability of grantee for damages.

(Ord. 322 § 5.02, 1986)

A. Grantee shall, by acceptance of the franchise granted herein, indemnify, defined and hold harmless grantor, its Officers, boards, commissions, agents, and employees from any and all claims, suits, judgments for damages in any way arising out of or through or alleged to arise out of or through the acts or omissions of grantee, its servants, employees or agents. Such indemnification shall cover such claims arising in tort, contract, violation of statutes, ordinances or regulations, or otherwise. In the event any such claims shall arise, grantor shall tender the defense thereof to grantee provided, however, that grantor in its sale discretion may participate in the defense of such claims at its expense.

B. Grantor shall, by acceptance of the franchise granted herein, indemnify, defend and hold harmless grantee, its officers, boards, commissions, agents, and employees from any and all claims, suits, judgments for damages in any way arising out of or through or alleged to arise out of or through the acts or omissions of grantor, its servants, employees or agents. Such indemnification shall cover such claims arising in tort, contract, violation of statutes, ordinances or regulations or otherwise. In the event any such claims shall arise, grantee shall tender the defense thereof to grantor provided, however, that grantee in its sole discretion may participate in the defense of such claims at its expense.

(Ord. 322 § 5.03, 1986)

A. Grantee shall maintain throughout the term of the franchise insurance in amounts at least as follows:

1. Worker's Compensation Insurance. In such coverage as may be required by worker's compensation insurance and safety laws of the state of California and amendments thereto.

2. Comprehensive General Liability. Comprehensive general liability insurance including, but not limited to, coverage for bodily injury and property damage shall be maintained at the sum(s) specified in the franchise agreement.

3. Comprehensive Automobile Liability. Comprehensive automobile liability including, but not limited to, nonownership and hired car coverage as well as owned vehicles with coverage for bodily injury and property damage shall be maintained at the sum(s) specified in the franchise agreement.

B. Grantee shall furnish grantor with copies of such insurance policies or certificates of insurane.

C. Such insurance policies provided for herein shall name grantor, its officers, boards, commissions, agents, and employees as additional insureds without offset to grantor's policies as respects to all operations of the named insured and shall contain the following endorsement: It is hereby understood and agreed that this insurance policy may not be cancelled by the surety or the intention not to renew be stated by the surety until thirty (30) days after receipt by Grantor by registered mail of written notice of such intention to cancel or not renew.

D. The minimum amounts set forth in the franchise agreement for such insurance shall not be construed to limit the liability of grantee to grantor under the franchise issued hereunder to the amounts of such insurance.

(Ord. 322 § 5.04, 1986)