Indemnification and Insurance.

15.191. 

Provisions.

A. 

Grantee, shall at its sole expense, fully indemnify, defend and hold harmless the City of West Allis, the officers, agents and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damages or otherwise:

1. 

For actual or alleged injury to Persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through acts or omissions of Grantee or its officers, agents, employees or contractors or those to which acts or omissions of Grantee or its officers, agents, employees or contractors to the extent to which they contribute;

2. 

Arising out of or alleged to arise out of any claim for damages for Grantee's invasion of the right of privacy, defamation of any Person, firm or corporation, or violation or infringement of any copyright, trademark, trade name, service mark or patent or of any other right of any Person, firm, or corporation.

3. 

Arising out of or alleged to arise out of Grantee's failure to comply with provisions of any statute, regulation or ordinance of the United States, State of Wisconsin, Milwaukee County or City of West Allis, applicable to Grantee in its business.

B. 

Nothing herein shall be deemed to prevent the parties indemnified and held harmless herein from participating in defense of any litigation by their own counsel at their sole expense. Such participation shall not, under any circumstances, relieve Grantee from its duties of defense against liability or of paying any judgment entered against such indemnified party.

C. 

Grantee shall obtain, effective from the date of execution of the Franchise Agreement and thereafter maintain in full force and effect throughout the term of the Agreement and any extension thereof, an acceptable policy or policies of general comprehensive liability insurance, products/completed operations liability insurance, personal injury liability insurance, owners and contractors protected liability insurance, broad form property damage insurance, contractual liability insurance, automobile liability (owned, non-owned and hired automobiles), workers compensation and employers liability. Said policy or policies shall name the City of West Allis as an additional named insured and, in their capacity as such, City's officers, Boards, Commissions, agents and employees. Grantee and said City and officers shall be named as co-insureds and the policy or policies shall contain cross-liability endorsements. Policies of insurance shall be in the minimum single limit amount of ten million dollars ($10,000,000) per occurrence. Said insurance policy or policies shall ensure against the types of liabilities covered by indemnification and hold harmless provisions stated herein.

D. 

A copy of Certificates of Insurance identifying the policy or policies, coverages and named insureds and naming the City as an additional named insured shall be sent to City, as provided for in the Franchise Agreement, and a certificate of insurance shall be sent to City no later than ninety (90) days after the start of Grantee's succeeding policy year.

E. 

All policies of insurance required hereunder must be underwritten by sureties qualified to do business in the State of Wisconsin and must be rated not lower than "B+" by Best Insurance Rating Services.

F. 

The City shall retain the right to re-examine insurance policy coverage limits and where necessary, after consultation with the Grantee, increase the coverage limits during the life of the Franchise Agreement or any extension thereto.

15.192. 

Notice of Cancellation or Reduction in Coverage. The insurance policies mentioned above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the Grantee under the terms of this Section and shall contain the following endorsement:

It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage therefor reduced until thirty (30) days after receipt by the City Clerk by registered United States mail of two (2) copies of a written notice of such intent to cancel or reduce the coverage.

15.193. 

Evidence of Insurance Filed With City Clerk. All certificates of insurance or certified copies thereof and written evidence of payment of required premiums shall be filed and maintained with the City Clerk during the term of the Franchise or any renewal thereof.