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listing allpolicy endorsements to City before work begins. However, failure to <br />obtain the required documents prior to the work beginning shall not waive the <br />Contractor's obligation to provide them. <br />The City reserves the right to require complete, certified copies of all required <br />insurance policies,including endorsements required by these specifications, at <br />any time. <br />(9) Subcontractors. Contractor shall require and verify that all subcontractors <br />maintain insurance meeting all the requirements stated herein, and Contractor <br />shall ensure that City is an additional insured on insurance required from <br />subcontractors. <br />(10) Special Risks or Circumstances. City reserves the right to modify these <br />requirements, including limits, based on the nature of therisk, prior experience, <br />insurer, coverage, or other special circumstances. <br />9. INTELLECTUAL PROPERTY INDEMNIFICATION <br />Contractor shall defend, indemnify and hold harmless the City, its officers, agents, <br />representatives, and employees against any and all liability, including costs, and attorney's fees, <br />for infringement of any United States' letters patent, trademark, or copyright contained in the work <br />product or documents provided by Contractor to the City pursuant to this Agreement. <br />10. RECORDS <br />Contractor shall keep records and invoices in connection with the work to be performed <br />under this Agreement. Contractor shall maintain complete and accurate records with respect to <br />the costs incurred under this Agreement. and any services, expenditures, and disbursements <br />charged to the City for a minimum period of three (3) years, or for any longer period required by <br />law, fi-om the date of final payment to Contractor under this Agreement. All such records and <br />invoices shall be clearly identifiable. Contractor shall allow a representative of the City to <br />examine, audit, and make transcripts or copies of such records and any other documents created <br />pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all <br />work, data, documents, proceedings, and activities related to this Agreement for a period of three <br />(3) years from the date of final payment to Contractor under this Agreement. <br />11. CONFIDENTIALITY <br />If Contractor receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Contractor agrees that <br />it shall not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential Information" shall include all <br />nonpublic information. Confidential information includes not only written information, but also <br />information transferred orally, visually, electronically, or by other means. Confidential <br />Page 5 of 9 <br />