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Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
Code
New Laws (0) Index
A. 
Franchisee shall maintain in full force and effect, at its own cost and expense, during the franchise term, the following insurance coverage:
(1) 
Commercial general liability insurance in the amount of $3,000,000 combined single limit for property damage and bodily injury. Such insurance shall cover the construction, operation, and maintenance of the cable system, and the conduct of franchisee's cable service business in LFA.
(2) 
Automobile liability insurance in the amount of $1,000,000 combined single limit for bodily injury and property damage coverage.
(3) 
Workers' compensation insurance meeting all legal requirements of the Commonwealth of Pennsylvania.
(4) 
Employers' liability insurance in the following amounts:
(a) 
Bodily injury by accident: $100,000; and
(b) 
Bodily injury by disease: employee limit of $100,000; policy limit of $500,000.
B. 
LFA shall be designated as an additional insured under each of the insurance policies required in this Article XV except worker's compensation and employer's liability insurance.
C. 
Franchisee shall not cancel any required insurance policy without submitting documentation to LFA verifying that franchisee has obtained alternative insurance in conformance with this agreement.
D. 
Each of the required insurance policies shall be with sureties qualified to do business in the Commonwealth of Pennsylvania, with an A- or better rating for financial condition and financial performance by Best's Key Rating Guide, Property/Casualty Edition.
E. 
Upon written request, franchisee shall deliver to LFA certificates of insurance showing evidence of the required coverage.
A. 
Franchisee agrees to indemnify, save, hold harmless, and defend LFA, its elected and appointed officials, officers, agents, boards, and employees, from and against 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 franchisee, its officers, agents, or employees, including the acts or omissions of any contractor or subcontractor of franchisee, arising out of the construction, operation, upgrade, or maintenance of its cable system. The obligation to indemnify, save, hold harmless, and defend LFA shall include the obligation to pay judgments, injuries, liabilities, damages, penalties, expert fees, court costs, and franchisee's own attorneys' fees. LFA shall give franchisee timely written notice of LFA's request for indemnification within 30 days of receipt of a claim or action pursuant to this subsection or within 10 days following service of legal process on LFA or its designated agent of any action related to this subsection. LFA agrees that it will take all necessary action to avoid a default judgment. Notwithstanding the foregoing, franchisee shall not indemnify LFA for any damages, liability, or claims resulting from, and LFA shall be responsible for, LFA's own acts of willful misconduct, LFA's breach of obligation under the franchise agreement, or negligence of LFA, its elected and appointed officials, officers, agents, boards, and employees.
B. 
With respect to franchisee's indemnity obligations set forth in Subsection A franchisee shall provide the defense of any claims brought against LFA by selecting counsel of franchisee's choice to defend the claim, subject to the consent of LFA, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent LFA from cooperating with franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense; provided, however, that after consultation with LFA, franchisee shall have the right to defend, settle, or compromise any claim or action arising hereunder, and franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that LFA does not consent to the terms of any such settlement or compromise, franchisee shall not settle the claim or action but its obligation to indemnify LFA shall in no event exceed the amount of such settlement.