L. Equipment Insurance. The City will maintain all risk property insurance (e.g., fire, flood, disaster,
etc.) on all public access television production equipment provided for use by Contractor or
purchased with funds or funding resulting from this contract, unless the City determines that the
equipment is insured by another entity, such as a cable operator. Nothing in this section shall
abrogate the City’s and any cable franchisee’s responsibility or obligation to maintain, repair
and/or replace such equipment at City’s or cable franchisee’s own expense, as provided in section
4 of this contract, when the loss is not covered by insurance. Contractor shall be responsible for
the deductible where the City has actually made a claim under Contractors insurance policy. Any
deductible under the City’s policy shall be responsibility of the City.
SECTION 13. WORKFORCE.
A. The Contractor shall employ only orderly and competent workers, skilled in the performance of
the services that they will perform under the contract. The Contractor shall employ its Nashua
public access workers/staff as independent contractors.
B. Ifthe City or the City’s representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, or was under
the influence of alcohol or drugs on the job, the Contractor shall immediately investigate
allegation and if necessary take steps to lawfully remove or suspend such worker from contract
services, and/or provide other lawful remedies and/or sanctions that are found appropriate in
light of the totality of circumstances; and if said worker is removed or suspended lawfully,
Contractor may not employ such worker again on contract services without the City’s prior
written consent, subject to applicable law.
SECTION 14. COMPLIANCE WITH APPLICABLE LAW, INCLUDING HEALTH,
SAFETY, AND ENVIRONMENTAL REGULATIONS.
The Contractor, and its respective employees, shall comply fully with all applicable federal, state, and
local laws, including but not limited to health, safety, and environmental laws, ordinances, rules and
regulations, including but not limited to those promulgated by the City and by the Occupational Safety
and Health Administration (OSHA), in the performance of the services required under this contract. In
case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and
hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties
and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph
(collectively, “Indemnified Claims”). Notwithstanding anything to the contrary, the Contractor shall have
no liability to the City and no obligation to indemnify and hold the City harmless tf any claim, demand,
suit, action, judgment, fine, penalty or liability is caused by the City’s failure to satisfy or perform its
obligations under this contract, including the City’s promise to maintain the access facility used by
Contractor substantially in accordance with legally required regulations.
SECTION 15. POLITICAL ADVERTISING.
No funds received by the Contractor from the City or as a result of services provided under this contract,
shall be used for political advertising. Political advertising includes, but is not limited to, any
communication with the public to further the appointment, election, defeat or removal of any applicant,
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