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<br />e. The following requirements apply to the insurance to bc providcd by Consultant <br />pursuant to this section: <br /> <br />(i) Consultant shall maintain all insurance required above in full force and <br />cffect 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 Attorncy. <br />(iii) Certificates and policies shall state that the policics shall not be canceled <br />or reduced in coverage or changcd 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 refuscs to furnish the City with required proof that insurance has been procurcd <br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminatc this Agreement. Such termination shall not effect Consultant's right to bc paid for its <br />timc and materials expended prior to notification of termination. Consultant waives the right to <br />receive compensatiun and agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City. <br /> <br />6. INDEMNIFICATION <br /> <br />Consultant agrccs to and shall indemnify and hold harmless the City, its officcrs, agents, <br />employees, consultants, special counsel, and representatives from liability: (I) for pcrsonal <br />injury, damagcs, just compensatiun, restitution, judicial or equitable relicf arising out of claims <br />for personal injury, including health, and claims for property damagc, which may arise from the <br />dircct or indirect operatiuns of the Consultant or its contractors, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in <br />section I of this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, restitution, judicial or cquitable relief is due by reason of the tenns of or effects <br />arising from this Agreement. This indemnity and hold harmless agreement applies to all claims <br />for damages, just compensation, restitution, judicial or equitable relief suffercd, or alleged to <br />have been suffcrcd, by reason of the events referred to in this Section or by reason of the terms <br />of, or effccts, arising from this Agreement. The Consultant furthcr agrees to indemnily, hold <br />harmless, and pay all costs for the defense of the City, including fees and costs lor 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 terms of, or <br />effects arising from this Agreement. City may make all reasonable decisions with respect to its <br />representation in any legal procecding. <br /> <br />7. CONFIDENTIALITY <br /> <br />J f Consullant receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential ancl/or proprietary, Consultant agrees <br />that it shall not use or disclosc such information except in the performancc of this Agreement, <br />and further agrees to cxercise the same degree of care it uses to protect its own information of <br /> <br />3 <br />