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<br />e. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br /> <br />(i) Consultant shall maintain all insurance required above in full force and <br />ellect lor 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 sball be approved in form by the City ^ttorney. <br />(iii) Certificates and policies sball state that tbe policies shall not be canceled <br />or reduced in covcrage or changed in any other material aspect without <br />thirty (:10) days prior writtcn noticc to the City. <br /> <br />f. If Consultant fails or retuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City with required proof tbat insurance has been procured <br />and is in forcc and paid for, the City shall bave the rigbt, at the City's election, to forthwitb <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 to approval <br />of insurance by the City. <br /> <br />6. INDEMNIFICATION <br /> <br />Consultant agrees to and shall indemnify and hold hannless tbe City, its officers, agcnts, <br />employees, consultants, special counsel, alId representati yes ham liability: (I) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br />for personal injury, including hcaltb, and claims for property damage, which may arise trom tbe <br />direct or indirect operation~ of the Consultant or its contractors, subcontractors, agents, <br />cmployees, or other persons acting on their bebalf which relates to the services dcscribcd in <br />section I of this Agreement; and (2) from any claim tbat personal injury, damages, just <br />compensation, restitution, judicial or equitable relief is due by reason of tbe terms of or effects <br />arising from this Agreement. This indemnity and bold bannless agreement applies to all claims <br />for damages, just compensation, restitution, judicial or cquitablc relief suffered. or alleged to <br />bave heen sul1ered, by reason of the events referred to in this Section or by reason ofthc tcrms <br />of. or etfects, arisiug from this Agreement. Tbe Consultant rurther agrees to indemnify, hold <br />barmless, and pay all costs for the defense ofthe City, including fees and costs lor special <br />counsel to be selected by tbe City, regarding any action by a tbird 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 ariscs by rcason of the terms of, or <br />elIeets arising Irom this Agreement. City may make all reasonable decisions with respect to its <br />representation in any legal proceeding. <br /> <br />7. CONFIDENTIALITY <br /> <br />If Consultant receives from 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 agrees to exercise the same degree of care it uses to protect its own infonnation of <br /> <br />3 <br />