Ordinance 2018-530 - Laserfiche WebLink

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defending against any such claim, suit or proceeding; and claims arising out of copyright infringements or a failure by the franchisee to 'secure consents from the owners, authorized distributors, or providers of programs to be delivered by the cable system, claims arising out of Section 638 of the Communications Act, 17 U.S.C. § 558, and claims against the franchisee for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark,trade name, service mark or patent, or of any right of any person,firm or corporation.Notwithstanding the foregoing,franchisee may select counsel to represent the City. The City agrees to notify franchisee, in writing, within 10 days of City receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the City from participating in the defense of any litigation by its own counsel if in the City's reasonable belief there exists or may exist a conflict,potential conflict or appearance of a conflict. § 113-12. - Security fund; corporate guarantee. Reserved. A. A franchise agreement may provide that, prior to the franchise becoming effective, the franchisee shall post with the City a cash security deposit or in the alternative at the City's discretion a bond, letter of credit,or corporate guarantee in a form acceptable to the City to be used as a security fund to franchise agreement,and other applicable law,and compliance with all orders, permits and directions arise by reason of the construction, operation or maintenance of the system. The amount of the security fund or corporate guarantee shall be the amount that the City determines,under circumstances franchisee to comply with this chapter and the franchise agreement, and to enable the City to to be followed with respect to the security fund or corporate guarantee. •.• .. . . • . - .. ..•-: . - - . . :- renewed for the full term of the franchise plus an additional 12 months thereafter. The franchisee and its surety shall be jointly and severally liable under the terms of the bond or letter of credit for any damages or loss suffered by the City as a result of the franchisee's non performance, including the full amount of any compensation, indemnification or cost of removal of any property of the franchisee in bond or letter of credit. The bond or letter of credit shall provide for 30 days' prior written notice to the City of any intention on the part of the franchisee to cancel, fail to renew, or otherwise materially alter its terms.Neither the filing of an indemnity bond or letter of credit with the City, nor the receipt by the franchisee or limit the liability of the franchisee under the terms of its franchise for damages, either to the full amount of the bond or otherwise. credit are in addition to all other rights of the City, whether reserved by this chapter or authorized by other law or the franchise agreement, and no action, proceeding or exercise of a right with respect to § 113-13. -Construction bond. Reserved. or other significant work in the streets, a franchisee shall establish in the • ' . .