§ 17. Liability Insurance Policy  


Latest version.
  • (a) The Grantee shall, concurrently with the filing of an acceptance of award of this franchise, furnish to the City and file with the City Clerk, and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount of Two Million Dollars ($2,000,000.00), in a company licensed to do business in the State of Kansas, and in a form satisfactory to the City Attorney, indemnifying and saving harmless the City, its officers and employees from and against any and all claims, demands, actions, suits and proceedings by others, against all liability to others, including but not limited to any liability for damages by reason of or arising out of any failure by the Grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the Grantee's system, and against any loss, cost, expense, and damages resulting therefrom, or from any violation or infringement of any copyright, trademark, franchise or similar right; because of any breach of the right of privacy; from violation of any copyright or trademark statute or law; because of any unfair competition; including reasonable attorney's fees, arising out of the exercise or enjoyment of its franchise, irrespective of the amount of the comprehensive liability insurance policy required hereunder.

    (b) The Grantee shall, concurrently with the filing of an acceptance of an award of this franchise, furnish to the City and file with the City Clerk and at all times during the existence, of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, in protection of the City, at its officers, boards, commissions, agents, and employees, in a company licensed to do business in the State of Kansas and a form satisfactory to the City Attorney, protecting the City and all persons against liability for loss or damage for personal injury, death and property damage, occasioned by the operations of Grantee under such franchise, with minimum liability limits of $500,000 per single occurrence. In addition, the Grantee shall maintain a policy of comprehensive automobile liability insurance in a combined single limit of not less than $500,000 and a Worker's Compensation and Employer's Liability policy for limits of not less than the statutory requirement for Worker's Compensation, and $500,000 Employer's Liability. Grantee agrees that in the event of future changes in law and upon notice by the City, the minimum levels of insurance and scope of coverage required by this paragraph may be increased within the bounds of commercial reasonableness to the amount that may be required to provide coverage of the events of this paragraph.

    (c) The policies mentioned in the foregoing paragraphs shall name the City, its officers, boards, commissions, agents and employees, as additional insured, and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City ten days in advance of the effective date thereof; if such insurance is provided by a policy which also covers Grantee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement.