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Ord #112-3rd Ser/Adopting/amending franchise granted by LMCC
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Ord #112-3rd Ser/Adopting/amending franchise granted by LMCC
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4/1/2015 3:19:07 PM
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� <br /> , � <br /> of Grantee, its subcontractor, employees and agents hereunder. Grantee sha11 be solely <br /> responsible for and shall indemnify, defend and hold the Indemnified Parties harmless <br /> from and against any and all matters relative to payment of Grantee's employees, <br /> including compliance with Social Security and withholdings. <br /> (i) The indemnification obligations of Grantee set forth in this <br /> Franchise are not limited in any way by the amount or type of damages or <br /> compensation payable by or for Crrantee under Workers' Compensation, disability <br /> or other employee benefit acts, acceptance of insurance certificates required under <br /> this Franchise, or the terms, applicability or limitations of any insurance held by <br /> Grantee. <br /> (ii) City does not, and shall not, waive any rights against Grantee <br /> which it may have by reason of the indemnification provided for in this Franchise, <br /> because of the acceptance by City, or the deposit with City by Grantee, of any of <br /> the insurance policies described in this Franchise. <br /> (iii) The indemnification of City by Crrantee provided for in this <br /> Franchise shall apply to all damages and claims for damages of any kind suffered <br /> by reason of any of the Grantee's operations referred to in this Franchise, <br /> regardless of whether or not such insurance policies shall have been determined to <br /> be applicable to any such damages or claims for damages. <br /> (iv) Grantee sha11 not be required to indemnify City for Claims brought <br /> by the Lake Minnetonka Communications Commission (LMCC) against the City, <br /> or negligence or misconduct on the part of City or its officials, boards, <br /> commissions, agents, or employees. City shall hold Grantee harmless, subject to <br /> the limitations in Minnesota Sta.tutes Chapter 466, for any damage resulting from <br /> the negligence or misconduct of the City or its officials, boards, commissions, <br /> agents, or employees in utilizing any PEG Access Channels, equipment, or <br /> facilities and for any such negiigence or misconduct by City in connection with <br /> work performed by City and permitted by this Franchise, on or adjacent to the <br /> Cable System. <br /> SECTION 9 <br /> SALE, ABANDONMENT,TRANSFER AND REVOCATION <br /> (1) Franchise Non-transferable. <br /> (a) Grantee shall not voluntarily or involuntarily,by operation of law or <br /> otherwise, sell, assign, transfer, lease, sublet or otherwise dispose of, in whole or in part, <br /> the Franchise and/or Cable System or any of the rights or privileges granted by the <br /> Franchise, without the prior written consent of the Council, which consent shall not be <br /> unreasonably denied or delayed. <br /> (b) Without limiting the nature of the events requiring the Council's approval <br /> under this section, the following events shall be deemed to be a sale, assignment or other <br /> transfer of the Franchise and/or Cable System requiring compliance with this section: (i) <br /> i�iz�b�z 21 <br />
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