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applying to bodily and personal injury, including death resulting therefrom, and property damage, in the <br />total amount of $1,000,000 per occurrence. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Vendor, if Vendor has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Vendor agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />c. The following requirements apply to the insurance to be provided by Vendor pursuant <br />to this section: <br />(i) Vendor shall maintain all insurance required above in full force and effect <br />for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be famished to the City upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <br />d. If Vendor fails or refuses to produce or maintain the insurance required by this section <br />or fails or refuses to famish the City with required proof that insurance has been procured and is <br />in force and paid for, the City shall have the right, at the City's election, to forthwith terminate <br />this Agreement. Such termination shall not effect Vendor's right to be paid for its time and <br />materials expended prior to notification of termination. <br />6. CONFIDENTIALITY <br />If Vendor receives from the City information which due to the nature of such information <br />is reasonably understood to be confidential and/or proprietary, Vendor agrees that it shall not use <br />or disclose such information except in the performance of this Agreement, and further agrees to <br />exercise the same degree of care it uses to protect its own information of like importance, but in <br />no event less than reasonable care. "Confidential Information" shall include all nonpublic <br />information. Confidential information includes not only written information, but also <br />information transferred orally, visually, electronically, or by other means. Information in <br />documentary or other tangible form will be clearly and conspicuously marked as "Confidential". <br />Verbal disclosures shall be identified as confidential within thirty (30) days of the initial <br />disclosure. Confidential information disclosed to either party by any subsidiary and/or agent of <br />the other party is covered by this Agreement. The foregoing obligations of non-use and <br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly available <br />sources; (b) is, through no fault of the Vendor disclosed in a publicly available source; (c) is in <br />rightful possession of the Vendor without an obligation of confidentiality; (d) is required to be <br />disclosed by operation of law; or (e) is independently developed by the Vendor without reference <br />to information disclosed by the City. <br />7. CONFLICT OF INTEREST CLAUSE <br />Vendor covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />8. NOTICE <br />