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DocuSign Envelope ID: 84EC498E-2CB9-4BBF-A4A8-E61F987E989E <br />BIue11,�Techuologies <br />COMMI—EN f TO EXCELLENCE EVEflYDAY Legal and Professional Services <br />Verification of Coverage <br />BTSS shall furnish Customer with original Certificates of Insurance including all required <br />amendatory endorsements (or copies of the applicable policy language effecting <br />coverage required by this clause). Failure to obtain the required documents prior to the <br />work beginning shall not waive BTSS's obligation to provide them. Customer reserves <br />the right to require complete, certified copies of all required insurance policies, <br />including endorsements required by these specifications, at any time. <br />Subcontractors <br />BTSS shall require and verify that all subcontractors maintain insurance meeting all the <br />requirements stated herein. <br />Special Risks or Circumstances <br />Customer reserves the right to modify these requirements, including limits, based on <br />the nature of the risk, prior experience, insurer, coverage, or other special <br />circumstances. <br />Failure to Maintain Insurance Coverage <br />If BTSS, for any reason, fails to maintain insurance coverage, which is required pursuant <br />to this Agreement, for the entire term of this contract, the same shall be deemed a <br />material breach of Agreement. Customer, at its sole option, may terminate this <br />Agreement at any time and obtain damages from BTSS resulting from said breach. <br />23. Confidentiality <br />If BTSS receives from the City information which due to the nature of such information is <br />reasonably understood to be confidential and/or proprietary, BTSS agrees that it shall not <br />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 <br />of like importance, but in no event less than reasonable care. "Confidential Information" <br />shall include all nonpublic information. Confidential information includes not only written <br />information, but also information transferred orally, visually, electronically, or by other <br />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 <br />and nondisclosure shall not apply to any information that (a) has been disclosed in <br />publicly available sources; (b) is, through no fault of BTSS disclosed in a publicly available <br />source; (c) is in rightful possession of BTSS without an obligation of confidentiality; (d) is <br />required to be disclosed by operation of law; or (e) is independently developed by BTSS <br />without reference to information disclosed by the City. <br />Blue Technologies Smart Solutions LLC, Confidential <br />Page 8 of 8 <br />