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235 <br /> <br />9.2 <br /> <br />9.3 <br /> <br />to the franchisee. Any rebate may be <br />charged to the performance bond. <br /> <br />~b) For failure to provide data and reports as <br /> requested by the County Manager or the <br /> Board of Commissioners and as required by <br /> this ordinance, the penalty shall be <br /> fifty (50) dollars per day for each day <br /> not delivered. This penalty may be charge- <br /> able to the performance bond~ <br /> <br />(c) For failure to complete construction and <br /> installation of the cable system, unless <br /> the Board of Commissioners approves the <br /> delay because of reasons beyond the con- <br /> trol of the franchisee, the franchise term <br /> may be reduced one (1) year for each three <br /> (3) month delay, The County Manager shall notify th~ <br /> franchisee ~during the first month of the three (3) <br /> month Period that the system has failed to meet <br /> performance standards. <br />(d) The franchisee may appeal any penalty which it <br /> considers Unreasongble to the Board of Commissioners. <br /> <br />Liability and Indemnification of the County: <br />The franchisee shall indemnify and hold harmless <br />Cabarrus County at all times during the term <br />of the franchise granted hereby and specifically <br />agrees that it will pay all damages and penalties <br />which the County may legally be required to pay <br />as a result of granting the franchise. Such <br />damages and penalties shall include, but not <br />be limited to, damages arising out of copyright <br />infringements, and other damages arising out <br />of the installation, operation or maintenance <br />of the CATV system authorized herein, whether <br />or not any act or omission complained of is <br />authorized, allowed or prohibited by the <br />franchisee. In case suit shall be filed against <br />the County either independently or jointly with <br />the franchisee to recover for any claim or <br />damages, the franchisee, upon notice of it <br />by the County, shall defend the County against <br />the action and, in the event of a final judg- <br />ment being obtained against the County, either <br />independently or jointly with the franchisee <br />solely by reason of the acts of the franchisee, <br />the franchisee will pay said judgment and all <br />costs and hold the County harmless therefrom. <br /> <br />Insurance: The franchisee shall be required to <br />maintain insurance in such forms and in such <br />companies as shall be approved by the County <br />with the County named as the coinsured, such <br />approval not to be unreasonably withheld, to <br />protect the County and franchisee from and <br />against any and all claims, injury or damage <br />to persons or property, both real and personal, <br />caused by the construction, erection, operation <br />or maintenance of any aspect of the system. <br />The amount of such insurance shall not be less <br />than the following: <br /> <br />General Liability Insurance: <br />bodily injury per person <br />bodily injury per occurrence <br />property damage per occurrence <br /> <br />$ 500,000.00 <br />$1,000,000.00 <br />$ 5OO,OOO.OO <br /> <br />Automobile Insurance <br />bodily injury per person <br />bodily injury per occurrence <br />property damage per occurrence <br /> <br />$ 100,000.00 <br />$ 300,000.00 <br />$ 300,000.00 <br /> <br /> <br />