92-9. Indemnification

  1. Liability. The grantee shall at his sole cost and expense fully indemnify, defend and save harmless the County, its offices, boards, commissioners, agents and employees against any and all claims, demands, suits, actions, liability and judgments for damage arising out of the construction, operation and maintenance of the CATV franchise, and against all liabilities to others including, but not limited to, any liability for damages by reason of, or arising out of, any failure by the grantee to secure consents from the owners, authorized distributors or licensees of programs to be transmitted or distributed by the grantee, and against any loss, cost, expense and damages resulting there from, including reasonable attorney's fees, arising out of the exercise or enjoyment of this franchise, irrespective of the amount of the comprehensive liability policy required hereunder. This indemnity shall not apply to damages occasioned solely and exclusively by acts of the County, its agents or employees.
  2. Copyright infringement. The grantee shall indemnify, defend and save harmless the County, its offices, boards, commissioners, agents and employees from and against all claims of any person whatsoever for copyright infringement occasioned by the sole operation and control of a grantee under the franchise herein granted or alleged to have been so caused or occurred.
  3. Term. Such insurance as provided for in this section shall be kept in full force and effect by a grantee during the existence of the franchise and until after the removal of all poles, wires, cables, underground conduits, manholes and other conductors and fixtures incident to the maintenance and operation of the CATV system as defined in the franchise.
  4. Requirements. All of the foregoing insurance contracts shall be in form satisfactory to the County Attorney and shall be issued and maintained by companies authorized to do business in the State of North Carolina and acceptable to the County Attorney and Clerk to the Board of Commissioners, which acceptance shall not be unreasonably withheld, and they shall require 30 days' written notice of any cancellation or reduction in coverage to both the County and a grantee herein, and a copy of said policy shall be filed with the Clerk to the Board of County Commissioners.