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Article 13-13 Indemnity – Insurance

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A. The licensee shall, at its sole cost and expense, indemnify, hold harmless and defend the Town, its officials, boards, commissions, agents and employees by providing immediate defense with counsel approved by the Council, against any and all claims, suits, causes of action, proceedings and judgments for damages arising out of construction, maintenance or operation of the cable communication system.

B. The licensee, within thirty (30) days after written notice of the granting of a license, shall provide the Town with, and maintain in full force throughout the term of the license agreement, insurance issued by a company duly authorized to do business in the State of Arizona, insuring with respect to the installation, construction, operation and maintenance of the system as follows:

1. Comprehensive general and automobile liability coverage including, but not limited to, blanket contractual liability, completed operations liability, broad form property damage including but not limited to coverage for explosion, collapse, underground hazard and automobile nonownership liability. This insurance shall be written in the following minimum amounts:

a. Comprehensive general liability: $1,000,000.00 combined single limit, bodily injury and property damage;

b. Comprehensive automobile liability: $1,000,000.00 combined single limit, bodily injury and property damage;

c. Excess umbrella liability, covering all the above-mentioned hazards, in the minimum amount of $4,000,000.00.

2. Workers’ compensation coverage as required by the laws and regulations of the State of Arizona.

3. All insurance policies required herein shall include the Town of Fountain Hills as a named insured party.

4. Licensee shall be solely responsible for all premiums due and payable for insurance required herein. Licensee shall provide to the Town a certified copy of the policies listed above.

5. All insurance policies required herein shall be in a form approved by the Town Attorney and shall include a sixty (60) day notice of cancellation or modifying endorsement.

C. The provisions of subsection B of this article, in the discretion of the Town, shall be satisfied by proof of self-insurance. (19-18, Amended, 12/03/2019)