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e. The following requirements apply to the insurance to be provided by Consultant <br /> pursuant to this section: <br /> <br />(i) Consultant shall maintain all insurance required above in full fome and <br /> effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of <br /> this Agreement and shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br /> or reduced in coverage or changed in any other material aspect without <br /> thirty (30) days prior written notice to the City. <br /> <br /> f. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof that insurance has been procured <br />and is in fome and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its <br />time and materials expended prior to notification of termination. Consultant waives the right to <br />receive compensation and agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City. <br /> <br />6. INDEMNIFICATION <br /> <br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability: (1) for personal <br />injury, damages, restitution, judicial or equitable relief arising out of claims for person injury, <br />including health, and claims for property damage, which may arise from the direct or indirect <br />operations of the Consultant or its contractors, subcontractors, agents, employees, or other <br />persons acting on their behalf which relates to the services described in section 1 of this <br />agreement; and (2) from any claim that personal injury, damages, restitution, judicial or equitable <br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity <br />and hold harmless agreement applies to all claims for damages, restitution, judicial or equitable <br />relief suffered, or alleged to have been suffered, by reason of the events referred to in this <br />Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant <br />further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, <br />including fees and costs for special counsel to be selected by the City, regarding any action by a <br />third party challenging the validity of this Agreement, or asserting that personal injury, damages, <br />restitution, judicial or equitable relief to personal or property rights arises by reason of the terms <br />of, or effecting arising from this Agreement. However, Consultant shall not be responsible for <br />consequential, incidental, or special damages to the furthest extent permitted by law. City makes <br />all reasonable decisions with respect to its representation in any legal proceedings. <br /> <br />7. CONFIDENTIALITY <br /> <br /> If Consultant receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees <br />that it shall not use or disclose such information except in the performance of this Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own information of <br /> <br /> <br />