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shall be limited, to tlie extent required by Civil Code Section 2782.8, to claims tliat arise out of,
<br />pertain to, or relate to t)ie negligence, recklessness, or willful misconduct of the Consultant.
<br />7.RECORDS
<br />Consultant shall keep records and invoices in connection with tlie work to be performed
<br />under this Agreement. Consultant sliall i'naintain complete and accurate records witli respect to
<br />t)ie costs incurred under tliis Agreement and any services, expenditures, and disbursements
<br />cliarged to t)ie City for a minimum period of three (3) years, or for any longer period reqciired by
<br />law, from the date of final payinent to Consultant under tliis Agreement. All SLICII records and
<br />invoices sliall be clearly identifiable. Consultant shall allow a representative of the City to
<br />examine, audit, and make transcripts or copies of sucli records and any other documents created
<br />pursuant to tl'iis Agreement during regular business hours. Consultant shall allow ii'ispection of all
<br />work, data, documents, proceedings, and activities related to this Agreei'nent for a period of tliree
<br />(3) years from tlie date of final payment to Consultant under this Agreement.
<br />8.CONFIDENTIALITY
<br />If Consultant receives froin tlie City information wliich due to tlie nature of such
<br />information is reasonably understood to be confidential ai'id/or proprietary, Consciltant agrees that
<br />it sliall not use or disclose such information except in tlie perfori'nance of tliis Agreeinent, and
<br />further agrees to exercise the sai'ne degree of care it uses to protect its own information of like
<br />importance, but in no event less tlian reasonable care. "Coi'ifidential Information" sliall include all
<br />nonpublic inforination. Confidential information includes not only written infomiatioi'i, but also
<br />information transferred orally, visually, electronically, or by otlier means. Confidential
<br />infomqation disclosed to eitlier party by any subsidiary and/or agent of tlie otlier party is covered
<br />by tliis Agreeinent. Tlie foregoing obligations of non-use and nondisclosure shall not apply to any
<br />information tliat (a) lias been disclosed in publicly available sources; (b) is, tlirougli no fauit of the
<br />Consultant disclosed in a publicly available source; (c) is in rightful possession of tlie Coi'isultant
<br />witliout an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e)
<br />is independently developed by tlie Consultant without reference to information disclosed by tlie
<br />City.
<br />9.CONFLICT OF INTEREST CLAUSE
<br />Consultant covenants tliat it presently lias no interests and shall not liave interests, direct
<br />or indirect, w)iicl'i wocild conflict in any manner with performance of services specified cinder tliis
<br />Agreeinent.
<br />10.NON-DISCRIMINATION
<br />Consultant sliall not discriminate because of race, color, creed, religion, sex, inarital status,
<br />sexual orientation, gender identity, gender expression, gender, i'nedical conditions, genetic
<br />infori'nation, or inilitary and veteran status, age, national origin, ancestry, or disability, as defined
<br />and proliibited by applicable law, in tlie recruiti'nent, selection, teacliing, training, utilization,
<br />promotion, terinination or otlier employment related activities or any services provided under this
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