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6. INDEMNIFICATION
<br />Provider agrees to defend, and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, Providers, 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 death, and claims for property damage, which may arise from the
<br />negligent operations of the Provider or its contractors, subcontractors, substitutes, 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, to the extent that the injury, damages, just compensation,
<br />restitution, judicial or equitable relief is caused by the negligence of the Provider. This indemnity
<br />and hold harmless agreement applies to all claims for damages, just compensation, restitution,
<br />judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events
<br />referred to in this Section or by reason of the terms of, or effects, arising from this Agreement.
<br />City may make all reasonable decisions with respect to its representation in any legal proceeding.
<br />In no case will Provider be required to indemnify or hold harmless the City from injury,
<br />damages, just compensation, restitution, judicial or equitable relief caused by the negligence of
<br />the City.
<br />7. CONFIDENTIALITY
<br />If Provider receives from the City information which due to the nature of such information
<br />is reasonably understood to be confidential and/or proprietary, Provider agrees that it shall not use
<br />or disclose such information except in the performance of this Agreement, and further agrees to
<br />exercise the same degree of care it uses to protect its own information of like importance, but in
<br />no event less than reasonable care. "Confidential Information" shall include all nonpublic
<br />information, including but not limited to student records. 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 of
<br />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 available
<br />sources; (b) is, through no fault of the Provider disclosed in a publicly available source; (c) is in
<br />rightful possession of the Provider without an obligation of confidentiality; (d) is required to be
<br />disclosed by operation of law; or (e) is independently developed by the Provider without reference
<br />to information disclosed by the City.
<br />8. COVID-19 ASSUMPTION OF RISK AND WAIVER
<br />Provider acknowledges that Provider could be exposed to persons that may have COVID-
<br />19 providing services pursuant to this Agreement. Provider understands that interacting with any
<br />person currently comes with the inherent risk of exposure to COVID-19 and that COVID-19 is
<br />highly contagious. Provider assumes the risks associated with providing services pursuant to this
<br />Agreement, namely potential exposure to COVID-19. Provider acknowledges that while some
<br />people have no symptoms or mild symptoms from COVID-19, some people have become seriously
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