Ordinance 2613-02 - Laserfiche WebLink

expenses shall include, without limitation, all out-of-pocket expenses, attorneys' fees, consultants' fees, experts' fees, witness and discovery costs, and the reasonable value of any services rendered by the City Attorney and his/her office and any other employees of the City. Without limiting in any way Grantee's obligation to indemnify the City as set forth above, this indemnity provision also includes damages and liabilities such as: (1) To Persons or property, in any way arising out of or through the acts or omissions of Grantee, its contractors, subcontractors and their officers, employees, or agents, or to which the Grantee's negligence shall in any way contribute; (2) Arising out of any claim for invasion of the right of privacy; for defamation of any Person; for the violation or infringement of any copyright, trademark, trade name, service mark, or patent; for a failure by the Grantee to secure consents from the owners or authorized distributors of programs to be delivered by the Cable System; or for violation of any other right of any Person, provided, however, that Grantee will not be required to indemnify the City for any claims arising out of the use of Access Channels by the City and/or its Designated Access Providers or a use by the City of the Emergency Alert System; (3) Arising out of Grantee's failure to comply with the provisions of any federal, state or local statute, ordinance, rule or regulation applicable to the Grantee with respect to any aspect of its business to which this Franchise applies; and (4) Arising from any third party suit, action or litigation, whether brought by a competitor to Grantee or by any other Person, whether such Person does or does not have standing to bring such suit, action or litigation if such (1) challenges the authority of the City to issue this Franchise; or (2) alleges that, in issuing this Franchise, the City has acted in a disparate or discriminatory manner. (B) Duty to Give Notice and Tender Defense The City shall give Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by this subsection. In the event any such matter arises, the City or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation, at its expense, and duty to defend, settle or compromise any claims arising thereunder, and the City shall cooperate fully therein; provided, however, that Grantee may not agree to any settlement financially affecting the City without the City's prior written approval, which approval shall not be unreasonably withheld. 5.2 Insurance (A) Grantee shall maintain in full force and effect at its own cost and expense each of the following policies of insurance: (1) Commercial General Liability insurance with limits of no less than two million five hundred thousand dollars ($2,500,000.00) per occurrence and five hundred Page 21 of58