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(i) Consultant shall maintain all insurance required above in Full force and <br />effecC for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall he furnished to the City upon execution of <br />this Agreement and shall he 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 />d. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refttses to furnish the City with required proof that insurance has been procured <br />and is in force and paid for, dte 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 [o approval <br />of insurance by the City. <br />6. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and rcpresentativesfrem liability for personal injury, <br />danrages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including health, and claims for property damage, which may arise from the <br />direct or indirect operations of the Consultant or its contractors, subcontractors, agents, <br />employees, or other persons acting nn their behalf which relates to the services described in <br />section 7 of this Agreement. This indemnity and hold harmless agreement applies to all claims <br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to <br />have been suffered, by reason of the events referred to in this Section or by reason of the terms <br />of, or effects, arising hem this Agreement The Consuhant futher agrees to indemnify, hold <br />harmless, and pay all costs for the defense of [he City, including fees and costs for special <br />counsel to be selected by the City, regarding any action by a third party challenging the validity <br />of this Agreement, or asserting that personal injury, damages, just compensation.. restitution, <br />judicial or equitable relief due to personal or property rights arises by reason of the icrms of, or <br />effects arising from this Agreement. City may make all reasonable decisions with respect to its <br />representation in any legal proceeding. <br />CONFIllENTIALITY <br />if Consultant receives lion 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 alnees 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 />