§ 30-35. Liability, indemnification.

(a)

Liability in case of emergency. If, at any time in case of fire, disaster or other emergency, it shall appear necessary in the judgment of the county to cut, move or otherwise interfere with any of the wires, cables, amplifiers, appliances or appurtenances thereto of the franchisee, the county shall not be liable for any injury or damage to such property and equipment of the franchisee as a result of such cutting, moving or interference.

(b)

Indemnification.

(1)

By acceptance of the franchise granted under this article, the franchisee agrees to indemnify, defend and hold harmless the county, its officers, boards, commissioners, agents and employees, from any and all actions, claims, suits, penalties and judgments for damages at law or equity of any nature whatsoever arising out of or through:

a.

The acts or omissions of the franchisee, its servants, employees and agents; and/or

b.

The conduct of its business as a cable television communications service.

(2)

The franchisee shall defend in the name of the county, and pay all expenses incurred by the county in defending itself, with regard to all damages and penalties the county may legally be required to pay as a result of a franchise granted under this article. Damages and penalties shall include but not be limited to damages arising out of copyright infringement and all other damages arising out of the construction, installation, operation and maintenance of its cable communications system, whether or not any such act or omission is authorized, allowed or prohibited by this article or the franchise granted hereunder. Expenses shall include all incidental expenses, including attorney fees and the reasonable value of any services rendered by the office of the county attorney.

(Ord. No. 88-90, § 10)