A.
A grantee shall maintain, and by its acceptance of a
franchise specifically agrees that it will maintain, throughout the entire
length of the franchise period, such insurance as will protect the Town and
elected officials, employees and agents from any claims that may arise directly
or indirectly or result from its acceptance of the franchise or its activities
under the franchise, whether such activities are performed by the grantee
or by anyone for whose acts the grantee may be liable, including but not limited
to the following:
B.
The Town may review these amounts no more than once a
year and may require reasonable adjustments to them consistent with the public
interest. The franchise agreement may specify the procedures to be followed
in the event that the grantee objects to an increase in a policy limit and
the parties are unable to agree on a mutually acceptable amount.
All insurance policies shall be with sureties qualified to do business
in the State of Maine, with an A or better rating of insurance by Best's Key
Rating Guide, Property/Casualty Edition, and in a form acceptable to the Town.
A grantee shall keep on file with the Town current certificates of insurance.
A grantee shall provide the Town with copies of all insurance policies in
effect during the franchise period upon the written request of the Town.
All general liability insurance policies shall name the Town, elected
officials, officers, boards, commissions, commissioners, agents, and employees
as additional insureds and shall further provide that any cancellation or
reduction in coverage shall not be effective unless 30 days' prior written
notice thereof has been given to the Town. A grantee shall not cancel any
required insurance policy without submission of proof that the grantee has
obtained alternative insurance satisfactory to the Town which complies with
this chapter.
A.
Indemnification for damages and equitable relief. A grantee
shall, at its sole cost and expense, indemnify, hold harmless, and defend
the Town, its inhabitants, elected officials, officers, boards, commissions,
commissioners, agents, and employees against any and all claims, suits, causes
of action, proceedings, and judgments for damages or equitable relief arising
out of the construction, maintenance, or operation of its cable system; copyright
infringements or a failure by the grantee to secure consents from the owners,
authorized distributors, or grantees of programs to be delivered by the cable
system; the conduct of the grantee's business in the Town; or in any way arising
out of the grantee's enjoyment or exercise of a franchise granted hereunder,
regardless of whether the act or omission complained of is authorized, allowed,
or prohibited by this chapter or a franchise agreement.
B.
Indemnification for Cable Act claims. A grantee shall,
at its sole cost and expense, fully indemnify, defend, and hold harmless the
Town, and in its capacity as such, the officers, agents, and employees thereof,
from and against any and all claims, suits, actions, liability, and judgment
for damages or otherwise subject to Section 638 of the Cable Act, 47 U.S.C.
§ 558, arising out of or alleged to arise out of the installation,
construction, operation, or maintenance of its system, including but not limited
to any claim against the grantee for invasion of the right of privacy, defamation
of any person, firm or corporation, or the violation or infringement of any
copyright, trademark, trade name, service mark, or patent or of any other
right of any person, firm, or corporation. This indemnity does not apply to
programming carried on any channel set aside for public, educational, or government
use, or channels leased pursuant to 47 U.S.C. § 532, unless the
grantee was in any respect engaged in determining the editorial content of
the program or adopts a policy of prescreening programming for the purported
purpose of banning indecent or obscene programming.
C.
Attorneys' fees. The indemnity provision includes, but
is not limited to, the Town's reasonable attorneys' fees incurred in defending
against any such claim, suit, action or proceeding.
Neither the provisions of this article nor any damages recovered by
the Town shall be construed to limit the liability of a grantee for damages
under any franchise issued hereunder.
Without limiting such immunities as it may have under applicable law,
the Town shall not be liable to the grantee for any damages or loss that the
grantee may suffer as the result of the Town's exercise of its lawful authority
pursuant to this chapter, a franchise agreement, or other applicable law.
