2004 Minnesota Statutes

     238.40 Liability; indemnify public utility. 

    (a) Every pole, duct, and conduit agreement must contain a 
 provision that the cable communications system shall defend, 
 indemnify, protect, and save harmless the public utility from 
 and against any and all claims and demands for damages to 
 property and injury or death to persons, including payments made 
 under any worker's compensation law or under any plan for 
 employees' disability and death benefits, which may arise out of 
 or be caused: 

    (1) by the erection, maintenance, presence, use, or removal 
 of the cable communications system's cable, equipment, and 
 facilities or by the proximity of the cables, equipment, and 
 facilities of the parties to the agreement; or 

    (2) by any act of the cable communications system on or in 
 the vicinity of the public utility company's poles and conduit 
 system, in the performance of the agreement.  Nothing contained 
 in this section relieves the public utility company from 
 liability for the negligence of the public utility company or 
 anyone acting under its direction and control.  

    (b) The cable communications system shall also indemnify, 
 protect, and save harmless the public utility: 

    (1) from any and all claims and demands that arise directly 
 or indirectly from the operation of the cable communications 
 system's facilities including taxes, special charges by others, 
 claims, and demands (i) for damages or loss for infringement of 
 copyright, (ii) for libel and slander, (iii) for unauthorized 
 use of television broadcast programs, and (iv) for unauthorized 
 use of other program material; and 

    (2) from and against all claims and demands for 
 infringement of patents with respect to the manufacture, use, 
 and operation of the cable communications equipment in 
 combination with the public utility company's poles, conduit 
 system, or otherwise. 

    (c) Nothing contained in this section relieves the public 
 utility company from liability for the negligence of the public 
 utility company or anyone acting under its direction and control.

    HIST: 1985 c 285 s 40; 2004 c 261 art 7 s 26