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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 n _ <br />of insurance by the City. (;\ (j 7 <br /> <br />6. INDEMNIFICATION S.e.f( .\V\S.e~& ;:,; <br /> <br />Consultant agrees to and shall indemnify and hold h ess the City, its officers, agents, <br />employees, consultants, special counsel, and representatives rom liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial 0 equitable relief arising out of claims <br />for personal injury, including health, and claims for pr erty damage, which may arise from the <br />direct or indirect operations of the Consultant or its ntractors, subcontractors, agents, <br />employees, or other persons acting on their behalf hich relates to the services described in <br />section I of this Agreement; and (2) from any c im that personal injury, damages, just <br />compensation, restitution, judicial or equitab relief is due by reason of the terms of or effects <br />arising from this Agreement. This indemni and hold harmless agreement applies to all claims <br />for damages, just compensation, restituti n, judicial or equitable relief suffered, or alleged to <br />have been suffered, by reason of the e nts referred to in this Section or by reason of the terms <br />of, or effects, arising from this Agre ent. The Consultant further agrees to indemnify, hold <br />harmless, and pay all costs for the efense of the City, including fees and costs for special <br />counsel to be selected by the Ci , regarding any action by a third party challenging the validity <br />of this Agreement, or assertin that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief d e to personal or property rights arises by reason of the terms of, or <br />effects arising from this eement. City may make all reasonable decisions with respect to its <br />representation in any Ie al proceeding. <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 ofthis Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own information of <br /> <br />3 <br />