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7.2 FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 7.1, unless otherwise agreed in writing, the non -defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non -defaulting Party any of its Confidential Information. 8. CONFIDENTIALITY CONFIDENTIAL INFORMATION. During the term of this Agreement, the parties may provide each other with Confidential Information. Each Party will 1) maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; 2) restrict disclosure of the Confidential Information to its employees who have a "need to know" and not copy or reproduce the Confidential Information; 3) take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but these precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and 4) use the Confidential Information only in furtherance of the performance of this Agreement. Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement. 9. INSURANCE 9.1. Prior to undertaking performance of work under this Agreement, Lessor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 9.1.1. Commercial General Liability Insurance. Lessor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Lessor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Lessor shall supply City upon request with an additional insured endorsement. Sample of which is provided and will be marked as Exhibit `C' 9.1.2. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Lessor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Lessor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 9.2. The following requirements apply to the insurance to be provided by Lessor pursuant to this section: (i) Lessor shall maintain all insurance required above in full force and effect for the entire period while working at the site. Lss04/25/06 Page 3