Combined Code_NOV2017

(d) No person shall be required to sign an authorization allowing the company to make this information available to any party. (Ord. No. 95-64, § XIV, 8-14-95) Sec. 56-50. Liability and indemnification. (a) It shall be expressly understood and agreed by and between the town, employees and officials and any grantee hereunder that the grantee shall save the town, its employees and officials harmless and indemnify it and them from all loss sustained by the town, its employees and officials on account of any suit, judgement, execution, claim or demand whatsoever, including but not limited to, copyright infringement and all other damages arising out of the award of a franchise on the installation or operation or maintenance of the cable telecommunications system authorized herein, whether or not any act of omission complained of its authorized, allowed or prohibited by this article and any franchise granted hereunder. (b) The grantee shall pay, and by his acceptance of any franchise granted hereunder agrees that he will pay, all expenses incurred by the town, employees and officials in defending itself with regard to all damages and penalties mentioned in subsection (a) above. These expenses shall include all reasonable out of pocket expenses, such as consultant or attorney fees, and shall also include the reasonable value of any services rendered by the town attorney or his staff or any other employees of the town. (Ord. No. 95-64, § XV, 8-14-95) Sec. 56-51. Filing and communications with regulatory agencies. The grantee shall simultaneously file and maintain with the town board copies of all petitions, applications and communications, relative to any franchise granted pursuant to this article, transmitted by the grantee to, or received by the grantee from all federal and state regulatory commissions or agencies having competent jurisdiction to regulate the operations of any broad band telecommunications network authorized hereunder. (Ord. No. 95-64, § XVI, 8-14-95) Sec. 56-52. Miscellaneous provisions. (a) Compliance with laws. Grantee agrees to comply full with all local ordinances, state and federal laws, and with all rules issued by all regulatory agencies now or hereafter in existence. (b) Severability. If any section, sentence, clause or phrase of the ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remainder of this article, and any portions in conflict are hereby repealed; provided, however, that in the event that the FCC declares any section invalid, then such section or sections will be renegotiated by the town and the grantee. (c) Captions. The captions to sections are inserted solely for information and shall not affect the meaning or interpretation of the article. (d) No recourse against the town. The grantees shall have no recourse whatsoever against the town or its officers, boards, commissioners, agents, or employees for any loss, cost, expense or damage arising out of any provision or requirement of this article or because of its enforcement.

CD56:13

Supp. No. 9