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<br />the County may withdraw the amount thereof, with interest and penalties, from
<br />the performance bond.
<br /> E. Notification. Within three (3) days of a withdrawal from the
<br />performance bond, the County shall send to the Grantee, by certified mail,
<br />return receipt requested, written notification of the amount, date and purpose
<br />of such withdrawal.
<br /> Fo Replenishment of Performance Bond. No later than thirty (30) days
<br />after mailing to the Grantee by certified mail notification of a withdrawal
<br />pursuant to paragraph F above, the Grantee shall replenish the performance
<br />bond in an amount equal to the amount so withdrawn. Failure to make timely
<br />replenishment of such amount to the performance bond shall constitute a
<br />substantial violation of this Ordinance.
<br /> G. Non-Renewal, Alteration, or Cancellation of Performance Bond. The
<br />performance bond required herein shall be in a form satisfactory to the County
<br />and shall require thirty (30) days written notice of any non-renewal,
<br />alteration or cancellation to both the County and the Grantee. The Grantee
<br />shall, in the event of any such cancellation notice, obtain, pay all premiums
<br />for, and file with the County, written evidence of the issuance of replacement
<br />bond or policies within thirty (30) days following receipt by the County or
<br />the Grantee of any notice of cancellation.
<br /> H. Inflation. The amount of the bond provided for herein, is subject
<br />to reasonable increases to offset the effects of inflation at the end of every
<br />three (3) year period of the Franchise, applicable to the next three year
<br />period, upon the determination of the County.
<br /> I. County Rights. The rights reserved to the County with respect
<br />to the Performance bond are in addition to all other rights of the County,
<br />whether reserved by this Ordinance, the Franchise or authorized by law, and no
<br />action, proceeding or exercise of a right with reSpect to such a bond shall
<br />affect any other right the County may have.
<br /> J. Right to Require Replacement of Bonds or Insurance. If the County
<br />becomes aware of the financial condition of any bonding or insurance company
<br />issuing a performance bond or insurance policy to Grantee as required herein
<br />where, if such conditions were known at the time, the County would not have
<br />approved the surety of the bond or the County would not have found the form of
<br />the bond or the insurance policies satisfactory or if the financial condition
<br />of such bonding or insurance company materially change to the extent that
<br />such approvals would not have been made, the County may, at any time, require
<br />that any such bond or insurance policy be replaced with such other bond or
<br />insurance policy, consistent with the requirements set forth in this section.
<br /> 6.2 LIABILITY AND INSURANCE.
<br /> A. Certificate of Insurance. Prior to commencement of construction,
<br />but in no event later than sixty (60) days after the effective date of the
<br />Franchise and thereafter continuously throughout the duration of the Franchise
<br />and any extensions or renewals thereof, the Grantee shall furnish to the
<br />County, certificates of insurance, approved by the County, for all types of
<br />insurance required under this Section. Failure to furnish said certificates
<br />of insurance in a timely manner shall constitute a violation of this
<br />Ordinance.
<br /> B. Filing. Any certificate of insurance policy obtained by the
<br />Grantee in compliance with this Section shall be filed and maintained with the
<br />County Clerk during the term of the Franchise, and may be changed from time to
<br />time to reflect changing liability limits and/or to compensate for inflation.
<br />Grantee shall immediately advise the County of any litigation that may develop
<br />that would affect this insurance.
<br /> c. No Liability Limit. Neither the provisions of this Section or any
<br />damages recovered by the County hereunder, shall be construed to or limit the
<br />liability of the Grantee under any Franchise issued hereunder or for damages.
<br /> D. Endorsement. All insurance policies maintained pursuant to this
<br />Ordinance or the Franchise shall contain the following, or a comparable,
<br />endorsement:
<br /> It is hereby understood and agreed that this insurance policy may' not be
<br /> canceled by the insurance company nor the intention not to renew be
<br /> stated by the insurance company until thirty (30) days after receipt by
<br /> the County Manager, by registered mail, of a written notice of such
<br /> intention to cancel or not to renew.
<br /> E. Hold Harmless Clause. All contractual liability insurance
<br />policies maintained pursuant to this Ordinance or the Franchise shall include
<br />the provision of the following hold harmless clause:
<br /> The Grantee agrees to indemnify, save harmless and defend the County,
<br /> its officials, agents, servants, and employees, and each of them against
<br /> and hold it and them harmless from any and all lawsuits, claims,
<br /> demands, liabilities, losses and expenses, including court costs and
<br /> reasonable attorney's fees for or on account of any injury to any
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