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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) 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 /> <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. INDEMNIFICATION <br /> <br />Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless <br />the City from damages and losses arising from the negligent acts, errors or omissions of <br />Consultant in the performance of Professional services under this Agreement, to the extent that <br />Consultant is responsible for such damages and losses on a comparative basis of fault and <br />responsibility between the Consultant and the City. Consultant is not obligated to indemnify <br />City for the City's own negligence. <br /> <br />7. DELIVERY OF WORK PRODUCT <br /> <br />Consultant shall deliver to City all work product resulting from the services provided. <br />Said work product shall be submitted in a hard copy and produced in a form compatible with <br />City's computer system, as agreed between the Project Manager and Consultant. <br /> <br />In regard to all copyrightable material produced as a deliverable under the Agreement, <br />including but not limited to books, reports, plans, photographs, drawings, films, recordings, <br />videotapes, and computer programs, which are produced as part or result of this project, the <br />Consultant understands and agrees and shall ensure that all of Consultant's affected officers, <br />employees, agents, contractors, and volunteer workers also understand and agree that (a) other <br />such material may not be copyrighted without prior review from the City: (b) the authors of all <br />such material, whether copyrighted or not, award to the City, and to its officers, agents and <br />employees acting within the scope of their official duties, as a condition of payment to the <br />Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for <br />governmental purposes to disclose, publish, translate, reproduce, and use such materials. <br /> <br />3 <br />