A.    The company shall at all times protect and hold harmless the city from all claims, actions, suits, liability, loss, expense or damages of every kind and description, including investigation costs, court costs, and reasonable attorney's fees, which may accrue to or be suffered or claimed by any person or persons arising out of the negligence of the company in the ownership, construction, repair, replacement, maintenance and operation of said cable system and by reason of any license, copyright, property right or patent of any article or system used in the construction or use of said cable system. The city shall give the company prompt notice of any such claims, actions, and suits, without limitation, in writing.

    B.    The company shall maintain in full force and effect during the term of the franchise, at its own expense, comprehensive general liability insurance in a solvent insurance company authorized to do business in the state of California in the amount of one million dollars combined single limit for bodily injury and property damage, to protect the city, its boards, commissions, officers and employees, against liability resulting from the operations of the company. The city may require that any and all investigation of claims made by any person against the city arising out of any use or misuse of privileges granted to the company hereunder shall be made by, or at the expense of the company or its insurer.

    C.    The company shall, concurrently with the filing of its acceptance of this franchise, file with the city clerk, and at all times thereafter maintain in full force and effect for the term of this franchise at its expense, a guarantee in lieu of bond or other surety in a form satisfactory to the city attorney, in the amount of five thousand dollars, renewable annually, and conditioned upon the faithful performance of the company and that in the event the company shall fail to comply with any one or more of the provisions of this franchise, then there shall be recoverable jointly and severally from the principal of such guarantee, any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of property as prescribed herein which may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the guarantee; said condition to be a continuing obligation for the duration of the grant and thereafter until the company has liquidated all of its obligations with the city that may have arisen from the acceptance of the grant by the company or from its exercise of any privilege herein granted. The guarantee shall provide that thirty days prior to written notice of intention not to renew, cancellation or material change be given to the city.

    D.    Neither the provisions of this section, any guarantee accepted by the city pursuant thereto, nor any damages recovered by the city thereunder shall be construed to excuse faithful performance by the company or limit the liability of the company under the grant or for damages, either to the full amount of the guarantee or otherwise. (Ord. 496 § 2 (part), 1993)