§ A252-14. Indemnification of village; insurance; bond., Chapter A252. Cable Television Franchise, Appendix, Code of Ordinances, Scotia

The permittee shall at all times defend, indemnify, protect and save harmless the Village of Scotia from and against any and all liability, losses and physical damage to property and bodily injury or death to persons, including payments made under workers' compensation laws, which may arise out of or be caused by the erection, construction, replacement, removal, maintenance and operations of the permittee's community antenna television and audio communications service and resulting from or by any negligence, fault or misconduct on the part of the permittee, its agents, officers, servants and employees. Any municipal property damaged or destroyed in connection with the construction or operation of the cable system shall be promptly repaired or replaced by the permittee and restored to serviceable condition.

The permittee shall also carry New York State Workers' Compensation Coverage on its employees who are engaged in any manner in the erection, construction, replacement, repair, maintenance and operations of the permittee's plant and equipment.

The permittee shall carry a general comprehensive liability insurance policy naming the Village of Scotia as an additional insured with the following:

(1)

Bodily injury or death: three hundred thousand dollars ($300,000.) for one (1) person or one million dollars ($1,000,000.) for any one (1) incident involving four (4) or more persons.

(2)

Property damage: one million dollars ($1,000,000.).

(3)

Contractual liability: one million dollars ($1,000,000.).

Bond.

(1)

The permittee shall post a bond in the amount of ten thousand dollars ($10,000.) within thirty (30) days after receipt by the permittee of final operating authority to guarantee the timely construction of the cable television system and the faithful performance by the permittee of the obligations imposed by the permit and this ordinance.

(2)

Forfeiture of any or all of the performance bond shall take place only in the following manner: there shall be no forfeiture of the performance bond upon default in performance by the permittee if such default, deficiency or failure of performance of any nature whatsoever under the terms of this franchise is without the exclusive control and/or supervision of the permittee. In the event that there is a default in performance by the permittee which remains uncorrected sixty (60) days after receipt by the permittee of a written notice of default, the permittee shall forfeit fifty percent (50%) of said bond to the municipality except as otherwise provided herein. If after one hundred twenty (120) days from the date of receipt of such written notice the default still remains uncorrected, the permittee shall forfeit the remainder of said bond to the municipality unless otherwise provided herein. The municipality may waive any such forfeiture or any time limits related to any uncorrected defaults under this subsection.

(3)

Said performance bond in the amount of ten thousand dollars ($10,000.) shall remain in effect for five (5) years after the date of this franchise amendment, at which time the bond shall be reduced to the amount of five thousand dollars ($5,000.) for the next five (5) years, and thereafter no bond shall be required.

(4)

In the event that forfeiture of the performance bond takes place, in whole or in part, such portion thus forfeited shall be reinstated by the franchisee to protect the franchisor against future default, deficiency or failure of performance, except that such reinstatement shall take place only in the amount and for the term for which the bond was to remain in effect as determined if there had been no forfeiture.