§ A291-15. Insurance requirements; indemnification of Borough.

A. 

The grantee shall at all times protect and hold the Borough harmless from all claims, actions, suits, liability, judgments, loss, expense or damages of every kind and description, including investigation costs, court costs and reasonable attorney's fees, which may accrue to or be suffered or claimed by any person or persons arising out of the negligence or alleged contractual dispute of the grantee in the ownership, construction, repair, replacement, maintenance and operations of said cable television system and by reason of any license, copyright, property right or patent of any article or system used in the construction or use of said system, provided that the Borough gives the grantee notice of any such claims, actions and suits, etc., without limitation, in writing. The grantee shall maintain in full force and effect during the life of any franchise, public liability insurance in an amount of not less than $1,000,000 as to any one incident, and $5,000,000 as to any one accident, and property damage insurance in an amount of not less than $500,000 as to any one incident and $1,000,000 as to any accident from the time of commencement of construction of the cable television system. In addition, the grantee shall carry workers' compensation coverage for its employees. Evidence of all such insurance coverage shall be provided to the Borough within 10 business days of its effective date of coverage.

B. 

Any insurance company providing coverage under the provisions of this section must be licensed to do business in the Commonwealth of Pennsylvania. All such insurance may contain reasonable deductible provisions not to exceed $1,000 for any type of coverage. All investigation of claims made by any person against the Borough arising out of any use or misuse of privileges granted to the grantee hereunder shall be made by or at the expense of the grantee or its insurer. The grantee may bring its obligations to carry any insurance required hereby within the coverage of any so-called blanket policy or policies of insurance now or hereafter carried, by appropriate amendment, endorsement or otherwise; provided, however, that the interest of the Borough shall be as fully protected thereby as if the grantee had obtained individual policies of insurance.

C. 

The grantee shall not be initially required to obtain or maintain bonds or other surety as a condition of being awarded the franchise or continuing its existence. Should a bond and other surety be required to guarantee compliance with or performance of this ordinance or a franchise agreement executed hereunder, it shall be only in such amounts and during such times as there is a reasonably demonstrated need therefor. The Borough agrees that in no event, however, shall it require a bond or other related surety in an aggregate amount greater than $10,000 conditioned upon the substantial performance of the material terms, covenants and conditions of the franchise. In the event that one is required in the future, the Borough agrees to give the grantee at least 30 days' prior notice thereof stating the exact reason for the requirement. Such reasons must demonstrate a change in the grantee's legal, financial or technical qualifications which would materially prohibit or impair its ability to comply with the terms of the franchise or afford compliance therewith.