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Article XIII. Liability, Indemnification and Termination
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Except to the extent of any negligence or any wilful acts or omissions on the pan of the city, its officers, officials and employees, and only to the extent of such negligence or comparative negligence, the grantee shall indemnify and save harmless and defend the city, its officers and employees from and against any and all injury, loss, damage, costs, expenses, claims, attorneys' fees, demands, actions, suits, judgements or other proceedings, or liability, including but not limited to any liability for inverse condemnation or for failure to secure consents for programs delivered by the grantee's system, arising out of or in any way connected with the grant. exercise or enjoyment of the franchise. For example, if the city is found to be one percent comparatively negligent and the grantee ninety-nine percent comparatively negligent, the city shall be only responsible for one percent of the preceding list of liabilities and costs. These damages or penalties shall include operation or maintenance of the cable system. The city shall notify the grantee in writing within ten days after the presentation of any claim or demand, either by suit or otherwise, made against the city where it is reasonably apparent that such claim or demand relates to the grantee, the cable system or this chapter. Where any such claim or demand against the city is made by suit or other legal action, written notice thereof shall be given by the city to the grantee not less than fifteen days prior to the date upon which an answer to such legal action is due or within ten days after the claim or demand is made upon the city, whichever notice period yields the grantee the larger amount of time within which to prepare an answer. Failure by the city to notify the grantee properly in accordance with the foregoing of any such claim, suit or demand against the city shall release the grantee from its obligation to defend, indemnify and save the city harmless as provided in this section. (Ord. 93-03 §14 (part), 1993)