§ 71-39. Indemnification by grantee.

(a)

Each cable communications franchise grantee shall, at the grantee's sole cost and expense, fully indemnify, defend and hold harmless the city and, in their capacity as such, the officers, agents, boards, commissioners, consultants and employees of the city from and against any and all claims, suits, actions, proceedings, liabilities and judgments for damages or otherwise:

(1)

For actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising from or through or alleged to arise from or through the acts or omissions of the grantee or its officers, agents, employees or contractors;

(2)

Arising from or alleged to arise from any claim for damages for invasion of the right of privacy, defamation of any person or the violation or infringement of any copyright, trademark, trade name, service mark or patent or of any other right of any person resulting from or alleged to result from the operation of the cable communications system in the city; and

(3)

Arising from or alleged to arise from the grantee's failure to comply with the provisions of any statute, regulation or ordinance of the United States, State of Florida, city or any local agency applicable to the grantee in its business.

(b)

Indemnification expenses shall include but not be limited to all out-of-pocket expenses, such as attorneys' fees, and shall include the reasonable value of any services rendered by the city attorney or his assistants or any consultants, agents and employees of the city. The city shall have the right to reasonable prior approval of any and all attorneys retained by a grantee in discharge of a grantee's indemnification obligations hereunder. Nothing in this section shall be deemed to prevent the parties indemnified and held harmless in this section from participating in the defense of any litigation by their own counsel at their own expense. Such participation shall not under any circumstances relieve the grantee from the grantee's duty of defense against liability or of paying any judgment entered against such party.

(Ord. No. 02-03, Art. II(9), 2-28-02)