§ 25-3-303. LIABILITY FOR DAMAGES; INSURANCE REQUIRED.

(a)

Franchisee duty to indemnify county. Except as otherwise provided in this article, a franchisee shall at all times indemnify, protect, and save harmless the county and the County Council from:

(1)

All penalties, damages, or charges arising out of claims, suits, or causes of action;

(2)

An award of damages, whether compensatory or punitive;

(3)

Expenses arising from a legal action, either in law or in equity which might be claimed now or in the future;

(4)

Payments required by the Maryland Worker's Compensation Act which may arise out of or be caused by the erection, location, maintenance, repair, installation, replacement, or removal of the cable system within the county; or

(5)

Any payments resulting from an act of the franchisee, its agents, or employees, unless caused by the negligent acts or omissions of the county, its agents or employees.

(b)

Liability insurance required.

(1)

At its sole expense, a franchisee shall carry commercial general liability insurance issued by a company duly authorized to do business in this state and having a best general policy holder rating of "A".

(2)

The liability insurance shall be approved by the county attorney.

(3)

The liability insurance shall provide at least the following coverages:

(i)

$1,000,000 per individual claim; and

(ii)

$3,000,000 per total claims that arise from the same occurrence.

(4)

The liability insurance shall protect the county and the County Council from and against all claims, demands, actions, judgments, and liabilities that may arise or result, directly or indirectly, from or by reason of loss, injury, or damages.

(5)

All insurance required under this subsection shall include the county and the County Council as an insured party and remain in full force and effect for the entire period covered by the franchise agreement.

(6)

The franchisee shall deliver a copy of the insurance policy to the County Council:

(i)

At the same time the franchise takes effect; and

(ii)

Each year thereafter during the continuance of the franchise.

(7)

The franchisee shall carry insurance to protect it from all claims under the Maryland Worker's Compensation Act.

(8)

The franchisee shall maintain the insurance policies on file throughout the term of the franchise.

(c)

Indemnity from actions arising from programming. Except for liability that may accrue to the county, County Council, Community College of Baltimore County System, or the Baltimore County Public schools system with regard to their programming on any channel, a franchisee shall indemnify and hold the county, County Council, public schools system or community college system harmless from all liability, damages, or expense, including reasonable attorney's fees, arising from claims for injury to persons, including slander, libel, or damage to property actions.

(1988 Code, § 8-12) (Bill No. 134-97, §§ 1, 2, 12-5-1997; Bill No. 31-03, § 2, 7-1-2004)