§ 56-48. Indemnification and insurance requirements.

(a)

Indemnification. A franchisee shall at its sole expense fully protect, defend, hold harmless, and indemnify and pay on behalf of the city, and its appointed and elected officers, employees, agents, and representatives, from and against any and all actions, proceedings, claims, suits, liabilities, losses, and damages (including interest and penalties relative thereto), of any nature whatsoever, inclusive of all costs and expenses (including legal assistant fees and costs of investigations, whether prior to, during or after trial or in the event of any appeal) and attorneys' fees through and including all appeals, arising from, in connection with, or as a result of the franchisee's franchise agreement and/or the franchisee's ownership, operation or maintenance of the franchisee's business.

(b)

Insurance. During the term of any franchise (including any renewal, modification or transfer thereof) and for so long as a franchisee shall maintain, own or operate its business in the city, a franchisee shall maintain public liability and property insurance in the amount of $1,000,000.00 per accident (public liability), and $250,000.00 (property damage), and naming the City of Port orange an additional insured under each of the coverages. A certificate of insurance shall be filed with the city clerk on or before the effective date of the franchise term.

( Ord. No. 2015-9 , § 2, 3-17-2015)