§ A210-4. Insurance; indemnification.

A. 

Insurance coverage required.

(1) 

Comcast shall carry insurance throughout the term of this agreement and any removal period naming the borough as an additional insured, with an insurance company authorized to conduct business in Pennsylvania, providing coverage for the borough and Comcast from and against any and all claims for injury or damage to persons or property, both real and personal, caused by the construction, installation, operation, maintenance or removal of its cable system. The amount of such insurance against liability for damage to property shall be no less than $1,000,000 as to any one occurrence. The amount of such insurance for liability for injury or death to any person shall be no less than $1,000,000. The amount of such insurance for excess liability shall be $5,000,000 in umbrella form. The policy will contain a provision that the borough will receive 30 days' written notice prior to any cancellation.

(2) 

Comcast shall carry insurance against all claims arising out of the operation of motor vehicles and general tort or contract liability in the amount of $500,000. The policy will contain a provision that the borough will receive 30 days' written notice prior to any cancellation.

(3) 

All insurance coverage, including workers' compensation, shall be maintained throughout the period of this agreement. All expenses incurred for said insurance shall be at the sole expense of Comcast. The policy will contain a provision that the borough will receive 30 days' written notice prior to any cancellation.

(4) 

Comcast shall provide the borough with certificates of insurance for all policies required herein on an annual basis, and such certificates shall evidence that the borough is an additional insured.

B. 

Comcast shall indemnify, protect and save harmless the municipality from and against losses and physical damage to property and bodily injury or death to persons, including payments made under any workers' compensation law, which may arise out of or be caused by the erection, maintenance, presence, use or removal of Comcast's equipment or facilities within the borough or by any act of Comcast, its agent or employees and shall carry insurance in the above-described amounts to protect costs, expenses, liabilities and damages arising or resulting directly or indirectly from or by reason of such loss, injury or damage. Comcast shall also indemnify, protect and save harmless the borough from any and all claims in law or in equity that the franchise herein granted is illegally granted by the borough and shall pay all legal expenses incurred by borough in defending any claim that the borough acted illegally in granting the franchise.

C. 

All insurance required shall be and remain in full force and effect for the entire life of the rights granted hereunder.

D. 

Comcast shall indemnify, protect and save harmless the borough from any losses to the borough arising out of Comcast's failure to secure consents from the owners or licensees of any programs where consents are required under applicable copyright laws, and Comcast shall repay to the borough any damages and expenses which the borough shall be compelled to pay by reason of such failure.