§ 7. Liability and indemnification.

(a)

The grantee shall pay and by its acceptance of this franchise the grantee specifically agrees that it will pay all damages and penalties which the city may legally be required to pay as a result of granting this franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the installation, operation or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise.

(b)

The grantee shall pay and by its acceptance of this franchise specifically agrees that it will pay all expenses incurred by the city in defending itself with regard to all damages and penalties mentioned in subsection (a) above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the reasonable value of any services rendered by the city attorney or his assistants or any employees of the city.

(c)

The grantee shall maintain, and by its acceptance of this franchise specifically agrees[,] that it will maintain throughout the term of this franchise liability insurance insuring the city and the grantee with regard to all damages mentioned in subparagraph (a) above in the minimum amounts of:

(1)

One hundred thousand dollars ($100,000.00) for bodily injury or death to any one person, within the limits, however, of three hundred thousand dollars ($300,000.00) for bodily injury or death resulting from any one accident.

(2)

One hundred thousand dollars ($100,000.00) for property damage resulting from any one accident.

(3)

The city waives insurance as to copyright infringements, but if any liability from such cause is claimed or fixed upon the city, the grantee herein agrees to hold the city harmless and to pay such judgment as may be rendered against the city in full, in accordance with the terms thereof.