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e. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force 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 />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 force and paid f6r, 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 />6. INDEMNIFICATION <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, just compensation, restitution, judicial or equitable relief arising out of claims <br />for personal injury, including health, and claims for property damage, which may arise from the <br />negligent or willful direct or indirect operations or errors or omissions of the Consultant or its <br />contractors, subcontractors, agents, employees, or other persons acting on their behalf which <br />relates to the services described in section 1 of this Agreement; and (2) from any claim that <br />personal injury, damages, just compensation, restitution, judicial or equitable relief is due by <br />reason of Consultant's breach of the terms of this Agreement or effects arising from <br />Consultant's performance of this Agreement. This indemnity and hold harmless agreement <br />applies to all claims for damages, just compensation, restitution, judicial or equitable relief <br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section or <br />by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees <br />to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and <br />costs for special counsel to be selected by the City, regarding any action by a third party <br />challenging the validity of this Agreement, or asserting that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief due to personal or property rights arising <br />from Consultant's negligent or willful acts, error or omissions. City may make all reasonable <br />decisions with respect to its representation in any legal proceeding. <br />7. CONFIDENTIALITY <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 />