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' � , <br /> r � ,�. , <br /> . ti. <br /> � . <br /> adoption of a separate ordinance if allowed under state law, and the customer service standards <br /> set by the Federal Communications Commission. <br /> 8. Emergencv Messages Comcast shall carry all federal, state and local alerts <br /> provided over the federal "Emergency Alert System" ("EAS") through Comcast's Cable Service <br /> in full compliance with FCC requirements to the extent applicable in the event of a public safety <br /> emergency, which at a minimum will include the concurrent rebroadcast of local broadcast <br /> channels. Comcast shall comply with the "State of Illinois Emergency Alert System State Plan" <br /> — as may be amended from time to time. Comcast shall, in accordance with FCC or other <br /> applicable regulations, cooperate with the City on the use and operation by the City of the EAS <br /> and Comcast shall, upon written request, provide to the City's Head of Emergency <br /> Administration or comparable City employee with a written copy of the procedures for <br /> activating the EAS in the event of weather-related, and non-weather related emergency <br /> conditions. <br /> 9. Indemni�cation. Comcast shall indemnify, defend and hold harmless the City, its <br /> officers, employees, and agents from and against any and all liabilities, damages, losses, <br /> judgments or claims resulting from or arising out of the construction, operation, maintenance or <br /> removal of the Cable System by Comcast, its employees ar contractors provided that the City <br /> shall give Comcast written notice of its obligation to indemnify and defend the City within ten <br /> (10) business days of receipt of a claim or action pursuant to this Section. If the City determines <br /> that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be <br /> the responsibility of the City. Comcast shall not indemnify the City for any liabilities, damages, <br /> costs or expense resulting from the willful misconduct or negligence of the City, its officers, <br /> employees or agents. In addition to the foregoing, the Parties acknowledge Comcast is subject to <br /> the indemnification requirements set forth in Chapter 41.1 of Municipal Code as applicable. <br /> 10. Insurance. <br /> 10.1 General Liabilitv. Comcast shall maintain, through the term of this Agreement, <br /> adequate proof of self-insurance or Commercial General Liability Insurance using carriers <br /> licensed in the State of Illinois and maintaining a Best rating of at least A-IV. Such insurance <br /> shall include coverage for premises and operations, underground, collapse and explosion, and <br /> products and completed operations, and shall name as Additional Insureds the City, and its <br /> officers, boards, commissions, elected and appointed officials, agents and employees. Such <br /> insurance shall be in the amount of Five Million Dollars ($5,000,000) per occurrence and in the <br /> aggregate covering bodily injury, including death, and property damage. If Comcast employs <br /> independent contractors, Comcast shall insure that these contractors maintain appropriate levels <br /> of insurance and that the City is named as an additional insured under each policy. <br /> 10.2 Automobile Liabilitv. Comcast shall maintain during the term of this Agreement <br /> Comprehensive Automobile Liability insurance with a limit of One Million Dollars ($1,000,000) <br /> per occurrence combined single limit for bodily injury, including death, and property damage <br /> covering owned, non-owned and hired automobiles used in conjunction with its operations under <br /> this Agreement. Such insurance shall name the City as an Additional Insured. <br /> 10.3 Workers' Compensation. Comcast shall maintain, during the course of this <br /> Agreement, Workers' Compensation coverage as prescribed by the laws of the State of Illinois <br /> 9 <br /> 1043854v2 <br />