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515
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<br /> contribute.
<br /> (2) Arising out of any claim for invasion of the right of privacy, for
<br /> defamation of any person, firm or corporation, or the violation or
<br /> infringement of any copyright, trademark, trade name, service mark
<br /> or patent, or any other right of any person, firm or corporation,
<br /> but excluding claims arising out of or related to.government and
<br /> educational access programming; or
<br /> (3) Arising out of Grantee's failure to comply with the provisions of
<br /> any federal, state, or local statute, ordinances or regulation
<br /> applicable to Grantee in its business hereunder.
<br /> B. The foregoing indemnity is conditioned upon the following:
<br /> The County shall give Grantee prompt notice of any claim or the
<br /> commencement of any action, suit or other proceeding covered by the
<br /> provisions of this Section. The Grantee shall be afforded the
<br /> opportunity to control the defense of any such claim or action
<br /> including, but not limited to any settlements, or compromise 'thereof;
<br /> provided, however, that in the event Grantee proposes or finds
<br /> acceptable any settlement, compromise or resolution which the County
<br /> deems detrimental to its interest, then in such event, County shall
<br /> assume control of the defense of any such claim or action at its sole
<br /> cost and expense, and the Grantee's indemnity for the final resolution
<br /> of such claim or action shall be limited to that settlement or
<br /> compromise amount proposed or found acceptable by Grantee but to which
<br /> the County objected. Nothing herein shall be deemed to prevent the
<br /> County from cooperating with the Grantee and participating .in the
<br /> defense of any litigation by its own counsel at its own costs and
<br /> expense. The County may take such steps in any proceeding as it deems
<br /> essential to protect the County's or the public's interests. No
<br /> recovery by the County of any sum by reason of the liquidated damages
<br /> required by the Franchise shall be subject to litigation by the Grantee,
<br /> except that any sum so received by the County shall be deducted from any
<br /> recovery which the County might have against the Grantee under the terms
<br /> of this Section.
<br />VII. DESIGN AND CONSTRUCTION PROVISIONS
<br /> 7.1 AUTHORITY TO CONSTRUCT.
<br /> A. Authorization to Commence Construction and Application Procedures.
<br />Within thirty (30) days after acceptance by the Grantee of a Franchise, the
<br />Grantee shall apply for any needed contracts for pole use. Any pole space or
<br />facilities obtained from the County shall be agreed upon through a contract
<br />for pole use, facility, or conduit use, and fees shall be paid to the County
<br />for such use as specified in the relevant contract(s). Pole space and other
<br />facilities obtained from the County, utilities, and other lawful uses of the
<br />public way shall be at the cost and expense of the Grantee. Within thirty
<br />(30) days after completion of the make-ready survey identifying the routes of
<br />the system, the Grantee shall apply for all additional licenses from the
<br />State, County, or other necessary parties, such as the railroads for crossing
<br />under or over their property. In any event, all necessary applications for
<br />permits, licenses, certificates and authorizations shall be applied for in a
<br />timely fashion so that such filing and processing shall not interfere with or
<br />cause delay with the construction scheduled as outlined in the Franchise.
<br />Failure to make such timely application and timely filing shall constitute a
<br />substantial violation of this Ordinance.
<br /> B. Power to Contract. Upon grant of the Franchise and in order to
<br />construct, operate and maintain a cable system in the County, the Grantee may
<br />enter into contracts with any public utility companies or any other owner or
<br />lessee of any poles or underground areas located within or without the County;
<br />obtain right-of-way permits from appropriate State, County, and Federal
<br />officials necessary to cross or otherwise use highways or roads under their
<br />respective jurisdiction; obtain permission from the Federal Aviation
<br />Administration to erect and maintain antennae; and obtain whatever other
<br />permits a County, State or Federal agency may require. 7.2 CONSTRUCTION AND TECHNICAL STANDARDS.
<br /> A. Compliance with Construction and Technical Standards. Grantee
<br />shall construct, install, operate and maintain its system in a manner
<br />consistent with all laws, ordinances, construction standards, governmental
<br />requirements, the Franchise, and FCC technical standards, which standards are
<br />incorporated by reference herein. The Grantee, through the System, shall
<br />provide uniform, strong signals which are free from any significant distortion
<br />and interference. The System shall be designed, constructed, operated and
<br />maintained for 24-hours-a-day continuous operation. The system shall produce,
<br />for reception on subscribers' receivers which are in good working order,
<br />either monochrome or color pictures (providing the receiver is color capable)
<br />which are free from any significant interference or distortion which would
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