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4.8 Force Majeure
<br /> In the event Grantee is prevented or delayed in the performance of any of its obligations
<br /> under this Franchise by a reason beyond the control of Grantee, Grantee shall have a reasonable
<br /> time, under the circumstances, to perform the affected obligation under this Franchise or to procure
<br /> a substitute for such obligation which is satisfactory to the City. Those conditions which are not
<br /> within the control of Grantee include, but are not limited to, natural disasters, civil disturbances,
<br /> power outages, telephone network outages, severe or unusual weather conditions which have a
<br /> direct and substantial impact on the Grantee's ability to provide Cable Services in the City and
<br /> which could not have been avoided by the Grantee which used its best efforts in its operations to
<br /> avoid such results, work delays caused by waiting for utility providers to service or perform make-
<br /> ready services on their utility poles or other facilities to which the Grantee's Cable System is
<br /> attached, and Grantee's inability to obtain federal, State or railroad permits despite Grantee's best
<br /> efforts to do so.
<br /> If Grantee believes that a reason beyond its control has prevented or delayed its compliance
<br /> with the terms of this Franchise, Grantee shall provide documentation as reasonably required by the
<br /> City to substantiate the Grantee's claim. If Grantee has not yet cured the deficiency, Grantee shall
<br /> also provide the City with its proposed plan for remediation, including the timing for such cure.
<br /> 4.9 Time Limits Strictly Construed
<br /> Whenever this Franchise sets forth a time for any act to be performed by Grantee or the
<br /> City, such time shall be deemed to be of the essence, and any failure of Grantee or the City to
<br /> perform within the allotted time maybe considered a breach of this Franchise.
<br /> SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS
<br /> 5.1 Indemnification
<br /> (A) Scope of Indemnity.
<br /> Grantee shall, at its sole cost and expense, defend, indemnify and hold harmless the City, City
<br /> Council, and the City's officers, officials, boards, commissions, agents, representatives, volunteers
<br /> and employees (collectively referred to as the "City" in this subsection) against any and all claims
<br /> and damages, including, but not limited to, third party claims, suits, causes of action, proceedings,
<br /> and judgments or settlements for damages or equitable relief arising out of the construction,
<br /> erection, operation, maintenance, repair, replacement or removal of the Cable System, whether or
<br /> not any act or omission complained of is authorized, allowed or prohibited by this Franchise. If an
<br /> action or suit is filed against the City, either independently or jointly with Grantee to recover for any
<br /> claim or damages or injunctive relief, Grantee, upon notice to it by the City, shall defend the City
<br /> against the suit or action and pay all of the City's costs and expenses in connection therewith. In the
<br /> event of a settlement, or final judgment being obtained against the City, either independently or
<br /> jointly with Grantee, whether by reason of the acts of the City or Grantee, Grantee shall pay the
<br /> settlement or judgment and all costs and expenses and hold the City harmless therefrom. Costs and
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