§ A235-15. Insurance requirements and indemnification of the Township.

A. 

The grantee shall at all times protect, defend and hold the Township harmless from all claims, actions, suits, liability, loss, expense or damages of every kind and description including, but not limited to, investigation costs court costs and reasonable attorney's fees, which may accrue to or be suffered or claimed by any person or person arising out of misconduct, negligence or alleged contractual dispute of grantee in the ownership, construction, repair, replacement, maintenance and operations of said cable television system, provided that after receiving notice of such action, claims, etc. the Township gives the grantee prompt notice of any such claims, actions, suits, etc. in writing. The grantee shall maintain in full force and effect during the life of any franchise, public liability and property damage insurance for the amount of at least $1,000,000 property damage liability from the time of commencement of construction of the cable television system. In addition, the grantee shall carry worker's compensation coverage for its employees. Evidence of such insurance coverage shall be provided to the Township not less than 10 days prior to the commitment of construction operations of the cable television system whichever first occurs. The Township shall be a named insured under the aforementioned public liability and property damage insurance. In addition, the Township shall receive at least 10 days prior notice of renewals of such coverage and at least 45 days notice of any cancellation of said insurance.

B. 

Any insurance company providing coverage under the provisions of this section must be licensed to do business in the Commonwealth of Pennsylvania. All such insurance may contain reasonable deductions not to exceed $1,000 for any type of coverage. At Township's election, all investigation of claims made by any person against the Township arising out of any use or misuse of privileges granted to the grantee hereunder shall be made by, or at the expense of the grantee or its insurer. The grantee may bring its obligations to carry any insurance required hereby within the coverage of any so-called blanket policy or policies of insurance now or hereafter carried, by appropriate amendment, endorsement or otherwise; provided, however, the interest of the Township shall be as fully protected thereby as if the grantee had obtained individual policies of insurance.

C. 

Grantee shall not be initially required to obtain or maintain bonds or other surety as a condition of being award the franchise or continuing existing. Should a bond or other surety be required to guarantee compliance with or performance of this chapter or a franchise agreement executed hereunder, it shall be only for such times as there is reasonably demonstrated need therefor. In the event that a bond or other surety is required for the future, the Township agrees to give grantee at least 30 days prior notice, thereof stating the exact reason for the requirement. Such reasons must demonstrate a change in the grantee's legal, financial or technical qualifications which would materially prohibit or impair its ability to comply with the terms of the franchise or afford compliance therewith.