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<br />3. <br /> <br />4. <br /> <br />than the increase in the San Francisco Metropolitan Area Consumer Price Index <br />(all consumers) for such three (3) year period. <br /> <br />f. <br /> <br />Grantee shall submit to City documentation of the required insurance including a <br />certificate of insurance signed by the insurance agent and companies named, as <br />well as all properly executed endorsements. <br /> <br />g. <br /> <br />Grantee hereby indemnifies City for any damage resulting from failure of either <br />Grantee or any subcontractor to obtain and maintain such insurance. <br /> <br />Grantee's Insurance. Grantee shall not commence any Cable System reconstruction work <br />or permit any subcontractor to commence work until all insurance required under this <br />Franchise has been obtained. Said insurance shall be maintained in full force and effect <br />until the expiration of this Franchise. <br /> <br />Indemnification. <br /> <br />a. <br /> <br />Grantee shall indemnify, defend and hold harmless the City, its officers, <br />employees, elected officials, volunteers and agents from and against any liability, <br />claims, actions, judgments, settlements or losses that in any way arise out of <br />Grantee's construction, operation, maintenance or removal of the Cable System or <br />Grantee's provision of Cable Service, including, but not limited to, reasonable <br />attorneys' fees and costs, provided that the City shall give the Grantee written <br />notice of its obligation to indemnify and defend the City within fifteen (15) <br />business days of service on the City of a written claim or summons and complaint <br />for a lawsuit. If the City determines that it is necessary for it to employ separate <br />counsel, the costs for such separate counsel shall be the responsibility of the City. <br /> <br />b. <br /> <br />The indemnification of City by Grantee provided for in this Franchise shall apply <br />to all damages and claims for damages of any kind suffered by reason of any of <br />Grantee's operations referred to in this Franchise, regardless of whether or not <br />insurance policies have been determined to be applicable to any such damages or <br />claims for damages. <br /> <br />c. <br /> <br />City does not, and shall not, waive any rights against Grantee which it may have <br />by reason of the indemnification provided for in this Franchise, because of the <br />acceptance by City, or the deposit with City by Grantee, of any of the insurance <br />policies described in this Franchise. <br /> <br />d. <br /> <br />In order for City to assert its rights to be indemnified, defended, and held <br />harmless, City must, with respect to each claim: <br /> <br />1. <br /> <br />Promptly notify Grantee in writing of any claim or legal proceeding which <br />gives rise to such right; <br /> <br />34 <br />