Laserfiche WebLink
(i) Consultant shall maintain all insurance required above in full force and <br /> effect for the entire period covered by this Agreement. <br /> (ii) Certificates of insurance shall be furnished to the City upon execution of <br /> this Agreement and shall be approved in form by the City Attorney. <br /> (iii) Certificates and policies shall state that the policies shall not be canceled <br /> or reduced in coverage or changed in any other material aspect without <br /> thirty (30) days prior written notice to the City. <br /> e. If Consultant fails or refuses to produce or maintain the insurance required by this <br /> section or fails or refuses to furnish the City with required proof that insurance <br /> has been procured and is in force and paid for, the City shall have the right, at the <br /> City's election, to forthwith terminate this Agreement. Such termination shall not <br /> effect Consultant's right to be paid for its time and materials expended prior to <br /> notification of termination. Consultant waives the right to receive compensation <br /> and agrees to indemnify the City for any work performed prior to approval of <br /> insurance by the City. <br /> 6. INDEMNIFICATION <br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br /> employees, consultants, special counsel, and representatives from liability: (1) for personal <br /> injury, damages,just compensation, restitution,judicial or equitable relief arising out of claims <br /> for personal injury, including health, and claims for property damage, which may arise from the <br /> direct or indirect operations of the Consultant or its contractors, subcontractors, agents, <br /> employees, or other persons acting on their behalf which relates to the services described in <br /> section 1 of this Agreement; and (2) from any claim that personal injury, damages,just <br /> compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects <br /> arising from this Agreement. This indemnity and hold harmless agreement applies to all claims <br /> for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to <br /> have been suffered, by reason of the events referred to in this Section or by reason of the terms <br /> of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold <br /> harmless, and pay all costs for the defense of the City, including fees and costs for special <br /> counsel to be selected by the City, regarding any action by a third party challenging the validity <br /> of this Agreement, or asserting that personal injury, damages,just compensation, restitution, <br /> judicial or equitable relief due to personal or property rights arises by reason of the terms of, or <br /> effects arising from this Agreement. City may make all reasonable decisions with respect to its <br /> representation in any legal proceeding. <br /> 7. CONFIDENTIALITY <br /> If Consultant receives from the City information which due to the nature of such <br /> information is reasonably understood to be confidential and/or proprietary, Consultant agrees <br /> that it shall not use or disclose such information except in the performance of this Agreement, <br /> and further agrees to exercise the same degree of care it uses to protect its own information of <br /> like importance, but in no event less than reasonable care. "Confidential Information" shall <br /> include all nonpublic information. Confidential information includes not only written <br /> 3 <br />