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d. The following requirements apply to the insurancc to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for thc cntire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certilicates and policies shall statc that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice tu the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's electiun, to forthwith terminate this Agreement. Such termination shall not effect Cunsultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives thc right to receive compensation and agrees to indemnify the City for any work performcd prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and huld harmless the City, its officers, agcnts, employees, consultants, special connsel, and representatives from liability for pcrsonal injury, damagcs, just compensation, restitution, judicial or equitable relief arising ont of claims for pcrsonal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcuntractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I ofthis Agreemcnt. The Consnltant further agrees to indemnify, hold harmlcss, and pay all costs for thc dcfense of the City, including fees and costs for special counscl to be selected by thc City, regarding any actiun by a third party challenging thc validity of this Agreement, ur a"erting that personal injury, damages, just compensation, restitution, judicial ur equitable relief due tu personal or property rights arises by rcason of the terms of, ur ellects arising from this Agreement. City may makc all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from thc City information which due to the nature of such information is reasonably understood to be cunlidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the pcrformance of this Agreement, and further agrees tu exercise the same degree of carc it uses to protect its own information of like impurtance, but in no event less than rcasonable care. "CunJidentiallnformation" shall include all nonpublic information. Confidential inlormation includes not only writtcn information, but also information translerred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other 3