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<br />Warranty Bond shall also be required as a condition of project acceptance. For projects up to
<br />Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of
<br />Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For
<br />projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall
<br />be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final
<br />contract price.
<br />
<br />12. INDEMNIFICATION
<br />
<br />Contractor agrees to and shall indemnify and hold harmless the City, its officers,
<br />agents, employees , consultants, special counsel, and representatives from liability for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
<br />for personal injury, including death, and claims for property damage, which may arise, to the
<br />proportionate extent, from the negligent acts or omissions of the Contractor or its
<br />subcontractors, agents, employees, or other persons acting on their behalf which relate to the
<br />Work and services described in section 1 of this Agreement. This indemnity and hold harmless
<br />agreement applies to all claims for damages, just compensation, restitution, judicial or
<br />equitable relief suffered, or alleged to have been suffered, by reason of the events referred to
<br />in this Section or by reason of the terms of, or effects, arising from this Agreement, provided,
<br />however, that in no event shall Contractor be obligated to indemnify City for any claims to the
<br />proportionate extent caused by the active negligence or willful misconduct of City, its officers,
<br />agents, employees, consultants, special counsel, and representatives. City may make all
<br />reasonable decisions with respect to its representation in any legal proceeding.
<br />Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code
<br />Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
<br />Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness,
<br />or willful misconduct of the Contractor.
<br />
<br />13. CONFIDENTIALITY
<br />
<br />If one party (“Recipient”) receives from the other party (“Discloser”) information
<br />which due to the nature of such information is reasonably understood to be confidential and/or
<br />proprietary, Recipient agrees that it shall not use or disclose such information except in the
<br />performance of this Agreement, and further agrees to exercise the same degree of care it uses
<br />to protect its own information of like importance, but in no event less than reasonable care,
<br />provided however that Recipient may disclo se such information to those of its (and, where
<br />applicable, its affiliates’) directors, officers, employees, accountants, attorneys, financial
<br />advisors, and financing parties (collectively, “Representatives”) who have a need to know such
<br />information or as required by federal and state public disclosure laws. “Confidential
<br />Information” shall include all nonpublic information. Confidential information includes not
<br />only written information, but also information transferred orally, visually, electronically, or by
<br />other means. Confidential information disclosed to either party by any subsidiary and/or agent
<br />of the other party is covered by this Agreement. The foregoing obligations of non-use and
<br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly
<br />available sources; (b) is, through no fault of the City or Contractor disclosed in a publicly
<br />available source; (c) is in rightful possession of the City or Contractor without an obligation of
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