§ A230-13. Indemnity and insurance.

A. 

Indemnification. Comcast agrees to indemnify and hold harmless the Town, its elected and appointed officials, officers, agents and employees acting in their official capacities from any and all liability to property or to persons (including death) from any and all claims, demands, actions, judgment, costs, expenses and liabilities of every kind and nature which may or could arise or result, directly or indirectly, from the construction, installation, upgrade, reconstruction, operation, or removal, maintenance and use of any and all wires and equipment, that are the property of Comcast, the acts of Comcast's officers, employees or agents, in the operation of this franchise, excluding claims arising out of or relating to programming produced or provided by the Town or its designees. The Town shall give Comcast timely written notice of its obligation to indemnify and defend the Town. Comcast shall not indemnify the Town, its elected and appointed officials, officers, agents or employees for any claims resulting solely from acts of willful misconduct or negligence on the part of the Town, its elected and appointed officials, officers, agents or employees.

B. 

Insurance. Comcast shall maintain insurance, at its cost, against liability due to damage to property in a sum not less than $500,000 as to any one accident and subject to this limit per accident, an aggregate of $1,000,000 during the policy year, and against liability due to injury to or death of persons, $1,000,000 as to any one person and $5,000,000 as to any one accident. Comcast shall also carry such insurance as will protect it from all claims under any workmen's compensation laws in effect that may be applicable to any period. To the extent permitted Comcast under its agreement with any other utility, Comcast may satisfy the requirement of this subsection by making the Town an additional insured thereunder and providing a certificate of insurance to the Town within 30 days of the effective date. Failure to carry such insurance in the required amounts may, at the discretion of the Town, result in termination of the rights granted by this franchise provided that the Town shall provide Comcast with notice of such default and provide Comcast with a reasonable opportunity to cure such default in accordance with § A230-20 of this agreement. Should the Town of Elsmere be sued for damages for injury to persons or property caused by the activities of Comcast, its agents, employees, servants or independent contractors, Comcast shall be notified of such suit by the Town in a timely manner that avoids entry of a default judgment and does not prejudice the Comcast's ability to defend the claim or action, and it shall be the duty of Comcast to defend or settle such suit; and further if such judgment be entered against the Town in any such case, the Town shall recover the amount thereof with costs including its reasonable attorney's fees from Comcast. The record of judgment against the Town in any such cases shall be conclusive evidence entitling the Town to so recover against Comcast.