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<br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br /> <br />d. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: (i) Consultant shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement, (ii) Certificates of insurance shall be <br />furnished to the City upon execution of this Agreement and shall be approved in form by the <br />City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty (30) days prior <br />written notice to the City. <br /> <br />e. 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 after 30 days notice to Consultant and opportunity to cure. Such <br />termination shall not affect Consultant's right to be paid (i) for its time and materials expended <br />prior to notification of termination and (ii) the ongoing Consultant Lease Fees in accordance with <br />Section 2 for any New Leases. Consultant waives the right to receive compensation and agrees <br />to indemnify the City for any work performed prior to approval of insurance by the City. <br /> <br />6. INDEMNIFICATION <br /> <br />(a) Consultant agrees to and shall indemnify and hold harmless the City, its officers, <br />agents, employees, consultants, special counsel, and representatives from liability 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 />gross negligence or willful misconduct ofthe Consultant or its contractors, subcontractors, <br />agents, employees, or other persons acting on their behalf which relates to the services described <br />in section I of this Agreement. <br /> <br />(b) City agrees to and shall indemnify and hold harmless the Consultant, its officers, <br />directors, agents, employees, consultants, special counsel, and representatives from liability for <br />personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of <br />claims for personal injury, including health, and claims for property damage, which may arise <br />from the gross negligence or willful misconduct of the City or its contractors, subcontractors, <br />agents, employees, or other persons acting on their behalf which relates to the services described <br />in section I of this Agreement. <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 />like importance, but in no event less than reasonable care. "Confidential Information" shall <br />include all non public information. Confidential information includes not only written <br /> <br />5 <br />