§ 5.06.090. Indemnifications and guarantees.  


Latest version.
  • A.

    As a condition of the franchise, the franchisee shall indemnify and hold harmless the county, the board and county employees against any claims, actions, suits, damages, costs or liabilities arising out of the exercise of any franchise hereunder by the franchisee.

    B.

    During the entire duration of the franchise, the franchisee shall maintain a general comprehensive liability insurance policy of not less than five hundred thousand dollars, and such other policies as may be required by state and/or federal law and the terms of the franchise. The county, the board and county employees shall be named as additional insureds in all of the insurance policies.

    C.

    The franchisee shall, for the duration of the franchise, maintain a corporate surety bond as security for performance in an amount to be specified in the franchise, at its own expense, and shall file such bond with the clerk of the board. Neither the provisions of this section, nor any bond accepted by the county pursuant to this section, nor any damages recovered by the county thereunder shall excuse faithful performance by the franchisee or limit the liability of the franchisee under its franchise or for damages whether to the full amount of the bond or otherwise.

    D.

    In the event that the franchisee abandons service in any area, the franchisee shall remove all unused portions of the cable system from that area within one hundred days of abandonment. For purposes of this chapter, abandonment occurs when the franchisee has discontinued the use of a material portion of the cable system in the area in question, for any reason, for a continuous period of twelve months.

    E.

    Any trenches, road cuts, excavations or other damage to county easements incurred by the franchisee during the construction or operation of the cable system shall be repaired to standard, entirely at the franchisee's expense.

(Ord. 405B § 1(part), 2004: Ord. 409 § 1(part), 1975).