A. To the maximum extent permitted by applicable law, a Company, including each owner or operator of any Facility, shall at all times defend, indemnify, protect, save harmless, and exempt the City, the City Council, its officers, agents, servants, attorneys and employees from any and all expenses, and any and all penalties, damages or charges arising out of claims, suits, demands, causes of action, award of damages, imposition of fines and penalties, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which arise out of, or are caused by, the construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal or restoration of Facilities within the City based upon any act or omission of a Company, its agents or employees, contractors, subcontractors, independent contractors, or representatives, except for that which is attributable to the negligence or willful misconduct of the City, the City Council, its officers, agents, servants, attorneys and employees. With respect to the penalties, damages or charges referenced herein, reasonable attorneys’ fees, consultants’ fees, expert witness fees, and other litigation expenses are included as those costs which shall be recovered by the City. The City shall provide reasonable notice to a Company of any claim or lawsuit with which it has been served that is based on the construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal or restoration of Facilities within the City by a Company. For purposes of this paragraph, "Company" shall include the Company and its parents, subsidiaries, or affiliates to the fullest extent permitted by the law.

B. Except as provided in or as supplemented by any PROW Permit, a Company shall secure and maintain commercial general liability insurance, including bodily injury and property damage, with limits of $7,000,000 per occurrence and $7,000,000 in the aggregate, and shall have coverage at least as broad as the Insurance Service Office (ISO) Form No. CG 0001 or its successor, so long as any Facility of the Company remains in the PROW.

C. The commercial general liability insurance policy shall include the City, the City Council, and City employees and agents as additional insureds.

D. The commercial general liability insurance policy shall be issued by an agent or representative of an insurance Company licensed to do business in the State and rated A-VII or higher by A.M. Best Key Rating Guide for Property and Casualty Insurance Companies, or having an equivalent credit rating score issued by a comparable credit rating provider.

E. The certificate of insurance evidencing the required commercial general liability policy and additional insureds shall state that the insurer shall furnish the Director with at least 30 days’ written notice in advance of the cancellation of the policy.

F. Before a Company commences any construction, the Company shall deliver the policies or certificates representing the insurance to the Director as required herein.

G. Renewal or replacement policies or certificates shall be delivered to the Director within five days of the expiration of the insurance which such policies are to renew or replace.

H. The Director may for good cause increase the coverage amounts specified in paragraph B of this section. Any Company required to maintain increased coverage under this section shall provide the Director with a certificate of insurance showing the increased coverage amount. The Director shall provide at least 30 days’ notice of intent to increase coverage amounts pursuant to this paragraph. (Ord. 7726-NS § 1 (part), 2020: Ord. 7083-NS § 4 (part), 2009)