§ 54.78. Indemnity and Insurance.

(a)

The City shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever, arising from the use, operation or condition of the Permittee's Private Communications System.

(b)

The Permittee shall indemnify, save and hold harmless and defend the City from all liens; charges; claims, including but not limited to, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name or service mark; demands; suits; actions; fines; penalties; losses; costs, including but not limited to, reasonable legal fees and court costs including legal fees and court costs on appeal; judgments; injuries; liabilities or damages, in law or equity, of any and every kind and nature whatsoever, arising out of or in any way connected with the installation, operation, maintenance or condition of the Permittee's Private Communications System or the granting of the Telecommunication Permit.

(c)

Upon the granting of a Permit and at all times during the terms of the Permit, including the time for removal of facilities as provided for herein, the Permittee shall obtain, pay all premiums for, and file with the City written evidence of payment of premiums and executed duplicate copies of the following:

(1)

A general comprehensive liability policy indemnifying, defending and saving harmless the City, its officers, boards, commissions, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the Permittee under the Telecommunication Permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of One Million Dollars ($1,000,000) combined singled limit for personal injury or death.

(2)

Property damage insurance, indemnifying, defending, and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of Permittee under the Telecommunication Permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of Five Hundred Thousand Dollars ($500,000) combined single limit for property damage.

(d)

All insurance policies called for herein shall be in a form satisfactory to the City Attorney and shall require thirty (30) days written notice of any cancellation to both the City and the Permittee. The Permittee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement policies within thirty (30) days following receipt by the City or the Permittee of any notice of cancellation.

(e)

In lieu of the insurance policies as required by and referenced in subparagraphs (c) and (d) above, the Permittee may submit (i) a certification by a qualified independent actuary, acceptable to the City, which indicates that Permittee has established an "actuarially sound" self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subparagraphs (c) and (d), or (ii) other documentation and proof acceptable to the City's Director of Finance and City Attorney which indicates that Permittee has a self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subparagraphs (c) and (d).

(Ord. of 9-14-1987, Doc. #21481)