AG 1998 02 16 - Laserfiche WebLink

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(3) Arising out of Grantee's failure to comply with the provisions of any federal, state, or local statute, ordinances or regulation applicable to Grantee in its business hereunder. B. The foregoing indemnity is conditioned upon the following: The County shall give Grantee prompt notice of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section. The Grantee shall be afforded the opportunity to control the defense of any such claim or action including, but not limited to any settlements, or compromise thereof; provided, however, that in the event Grantee proposes or finds acceptable any settlement, compromise or resolution which the County deems detrimental to its interest, then in such event, County shall assume control of the defense of any such claim or action at its sole cost and expense, and the Grantee's indemnity for the final resolution of such claim or action shall be limited to that settlement or compromise amount proposed or found acceptable by Grantee but to which the County objected. Nothing herein shall be deemed to prevent the County from cooperating with the Grantee and participating in the defense of any litigation by its own counsel at its own costs and expense. The County may take such steps in any proceeding as it deems essential to protect the County's or the public's interests. No recovery by the County of any sum by reason of the liquidated damages required by the Franchise shall be subject to litigation by the Grantee, except that any sum so received by the County shall be deducted from any recovery which the County might have against the Grantee under the terms of this Section. DESIGN AND CONSTRUCTION PROVISIONS 7.1 AUTHORITY TO CONSTRUCT. A. Authorization to Commence Construction and Application Procedures. Within thirty (30) days after acceptance by the Grantee of a Franchise, the Grantee shall apply for any needed contracts for pole use. Any pole space or facilities obtained from the County shall be agreed upon through a contract for pole use, facility, or conduit use, and fees shall be paid to the County for such use as specified in the relevant contract(s). Pole space and other facilities obtained from the County, utilities, and other lawful uses of the public way shall be at the cost and expense of the Grantee. Within thirty (30) days after completion of the make-ready survey identifying the routes of the system, the Grantee shall apply for all additional licenses from the State, County, or other necessary parties, such as the railroads for crossing under or over their property. In any event, all necessary applications for permits, licenses, certificates and authorizations shall be applied for in a timely fashion so that such filing and processing shall not interfere with or cause delay with the construction scheduled as outlined in the Franchise. Failure to make such timely application and timely filing shall constitute a substantial violation of this Ordinance. 28