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<br />e. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br /> <br />(i) <br /> <br />Consultant shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />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 />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 />(ii) <br /> <br />(ill) <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 force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not effect 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. <br /> <br />INDEMNIFICA nON <br /> <br />Consultant agrees to and shall indemnifY and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives fÌ'om liability: (I) 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 fÌ'om <br />negligent acts as a result of the direct or indirect operations of the Consultant or its contractors, <br />subcontractors, agents, employees, or other persons acting on their behalf which relates to the <br />services described in section I of this Agreement; and (2) fÌ'om any claim that personal injury, <br />damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms <br />of or effects arising fÌ'om this Agreement. This indemnity and hold harmless agreement applies <br />to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or <br />alleged to have been suffered, by reason of the events referred to in this Section or by reason of <br />the terms of; or effects, arising fÌ'om this Agreement. <br /> <br />7. <br /> <br />CONFIDENTIALITY <br /> <br />If Consultant receives fÌ'om 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 />like importance, but in no event less than reasonable care. "Confidential Information" shall <br />include all nonpublic information. Confidential information includes not only written <br />information, but also information transferred orally, visually, electronically, or by other means. <br />Confidential information disclosed to either party by any subsidiary and/or agent of the other <br />party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure <br />shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br />