§ 7. Indemnity and insurance.

(a)

Indemnity. A Franchisee shall at its sole cost and expense, indemnify, protect and save harmless the County from any and all penalty, damage or charges arising out of claims, suits or causes of action made against it, or award of damages, whether compensatory or punitive, or expenses, including attorney's fees to defend and those on appeal, which arise therefrom, either at law or in equity, which are claimed now or in the future, including but not limited to any payments required by the workers' compensation law, which arise out of or are caused by the erection, location, maintenance, repair, installation, operation, replacement or removal of the Cable System within the County, provided that the County shall give the Franchisee written notice of its obligation to indemnify the Franchising Authority within ten (10) business days of receipt of a claim or action by the grant, renewal, transfer or modification of the Franchise, or by an act of the Franchisee, its agents or employees.

(b)

Insurance. At the time the Franchise Agreement is executed and at all times during the term of the Franchise, the Franchisee shall maintain a comprehensive general liability policy issued by a company authorized to do business in Florida, of not less than one million dollars ($1,000,000.00) for each occurrence; one hundred thousand dollars ($100,000.00) for fire damage (any one (1) fire); one million dollars ($1,000,000.00) for personal and advertising injury; two million dollars ($2,000,000.00) general aggregate; and two million dollars ($2,000,000.00) for products and completed operations; as well as automobile liability insurance with a combined single limit of one million dollars ($1,000,000.00). All insurance required hereby shall include the County as an additional named insured party and a certificate indicating the same shall be delivered to the County at the time the Franchise Agreement is executed.

(c)

Workers Compensation. The Franchisee shall also maintain in full force and effect throughout the duration of the Franchise sufficient worker's compensation insurance coverage with statutory limits, and shall deliver a certificate evidencing same to the Clay County Risk Manager.

(d)

Surety Bond. At the time of execution of the Franchise Agreement, the Franchisee shall post with the County a surety bond, acceptable to the County Attorney's Office, or, in lieu thereof, cash or securities, as surety for the faithful performance and discharge by it of all the obligations imposed by this Ordinance from the date thereof. The bond shall remain in force and effect throughout the life of the Franchise. The rights reserved to the County with respect to the surety bond are in addition to all other rights of the County, whether reserved by this Ordinance or authorized by law, and no action, proceeding or exercise of a right with respect to the bond shall affect any other right the County may have. The amount of the bond shall be set forth in the Franchise Agreement.

(e)

Construction Bond.

(1)

The Franchisee shall, within thirty (30) business days after the effective date of a Franchise granted under this Ordinance, post with the County a construction bond or letter of credit as provided in a Franchise Agreement. Said bond or letter of credit may be returned at the end of twelve (12) months after the System has been completed and approved by the County provided that the Franchisee has complied with all terms and conditions of the Franchise Agreement and all provisions of this Ordinance as well as the rules and regulations herein required and permitted.

(2)

If the Franchisee shall fail to perform the obligations heretofore set out in this section, the Franchisee shall forfeit to the County the hereinabove referenced construction bond or letter of credit in the amount of all expenses incurred by the County to complete the construction, repair damages and to pay all costs and expenses related thereto caused by construction which a Franchisee has refused or failed to repair following reasonable prior written notice.

(Ord. No. 2006-6, 2-28-06)