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<br />(i) Consultant shall maintain all insurance required above in full force and effect <br />for the entire period covered by this Agreement. <br /> <br />(ii) Certificates of insurance shall be furnished to the City upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br /> <br />(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) <br />days prior written notice to the City. <br /> <br />d. 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 <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith tenninate this Agreement. Such tennination shall not effect <br />Consultant's right to be paid for its time and materials expended prior to notification <br />of termination. Consultant waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the City. <br /> <br />6. INDEMNIFICATION <br /> <br />Consultant agrees to and shall indemnify and hold hannless the City, its officers, agents, <br />employees. consultants, special counsel. and representatives from liability: (I) for personal <br />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 direct or indirect operations ofthe Consultant or its contractors, subcontractors, <br />agcnts, employees, or other persons acting on their behalf which relates to the services <br />described in section I of this Agreement; and (2) from any claim that personal injury, <br />damages, just compensation, restitution, judicial or equitable relief is due by reason of the <br />ternlS of or elTects arising [wm this Agreement. This indemnity and hold hannless agreement <br />applies to all claims for damages, just compensation, restitntion, judicial or equitable relief <br />snffered, or alleged to have been suffered, by reason of the events referred to in this Section or <br />by reason of the tenns of, or effects, arising from this Agreement. The Consultant further <br />agrees to indemnify, hold hannless, and pay all costs for the defense of the City, including <br />fees and costs for special counsel to be selected by the City, regarding any action by a third <br />party challenging the validity of this Agreement, or asserting that personal injnry, damages, <br />just compensation, restitution, judicial or equitable relief due to personal or property rights <br />arises by reason of the tenns of, or effects arising from this Agreement. City may make all <br />rcasonable decisions with rcspcct to its representation in any legal proceeding. <br /> <br />7. CONFIDENTIALITY <br /> <br />If Consultant receives [rom the City infonnation which due to the nature of such infonnation <br />is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall <br />not use or disclose such infornlation except in the perfonnance of this Agreement, and further <br />agrees to exercise the same degree of care it uses to protect its own infornlation of like <br />importancc, but in no event less than reasonable care. "Confidcntial Infonnation" shall <br />include all nonpnblic infonnation. Confidential infonnation includes not only written <br />