Blue Ridge shall indemnify, defend, save and hold harmless the
municipality, its elected and appointed officials, officers, agents
and employees, from any and all claims for injury, loss, liability,
cost or expense arising in whole or in part from, incident to or connected
with any act or omission of Blue Ridge, its officers, agents or employees,
including the acts or omissions of subcontractors acting within the
scope of their engagement, arising out of or in any way connected
to, but not limited to, the construction, installation, upgrade, reconstruction,
operation, maintenance or removal of the cable system or any other
equipment or facilities. The obligation to indemnify, defend, save
and hold the municipality harmless shall include, but not be limited
to, the obligation to pay judgments, injuries, liabilities, damages,
penalties, attorneys' fees, expert fees, court costs and all
other costs of such indemnification.
A.
Blue Ridge shall maintain insurance throughout the term of this agreement
with the municipality as an additional insured, with an insurance
company which is authorized to conduct business in Pennsylvania and
which has an AM Best rating (or equivalent) no less than "A," indemnifying
the municipality from and against any and all claims for injury or
damage to persons or property, both real and personal, caused by the
construction, installation, reconstruction, operation, maintenance
or removal of the cable system by Blue Ridge or any of its contractors,
subcontractors, agents or employees in the following amounts:
(1)
The amount of such insurance against liability for damage to
property shall be no less than $1,000,000 as to any one occurrence.
(2)
The amount of such insurance against liability for injury or
death to any person shall be no less than $1,000,000.
(3)
The amount of such insurance for excess liability shall be $5,000,000
in umbrella form.
(4)
The amount of such insurance against all claims arising out
of the operation of motor vehicles and general tort or contract liability
shall be $1,000,000.
B.
All insurance coverage shall be maintained throughout the period
of this agreement. All insurance policies shall contain a provision
that the municipality will receive 30 days' written notice prior
to any changes or cancellation of the policy. All expenses incurred
for said insurance shall be at no cost to the municipality.
C.
A certificate evidencing the insurance coverage required herein shall
be provided by Blue Ridge to the municipality within 30 days of the
effective date of this agreement.
