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A. No franchise shall be valid or effective until and unless the City obtains an adequate indemnity from the grantee. To the extent permitted by law, the indemnity must:

1. Release city from and against any and all liability and responsibility in or arising out of the construction, operation, repair, replacement, or maintenance of the cable communications system; and

2. Indemnify and hold harmless the City, its elected and appointed officials, agents, and employees from and against any and all claims, demands, or causes of action of any kind and the resulting losses, costs, expenses, reasonable attorneys’ fees, damages, orders, judgments, or decrees sustained by the City or any indemnified party arising out of, or by reason of, or resulting from or arising out of the acts, errors, or omissions of the cable communications system operator, or its agents, independent contractors or employees related to the construction, operation, repair, upgrade or maintenance of the cable communications system.

B. To the extent allowed by law, the City shall indemnify, save and hold harmless the grantee from and against any and all liability resulting from the City’s use of the PEG access channels. (Ord. 2546 § 2 (part), 2010: Ord. 2174 § 1 (part), 2003).