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N. <br />..W <br />e. The following requirements apply to the insurance to be provided by Concessionaire <br />pursuant to this section: <br />(i) Concessionaire shall maintain all insurance required above in full force <br />and effect 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 Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />f If Concessionaire 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 been procured <br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br />terminate this Agreement. Such termination shall not effect Concessionaire's right to be paid for <br />its time and materials expended prior to notification of termination. Concessionaire waives the <br />right to receive compensation and agrees to indemnify the City for any work performed prior to <br />approval of insurance by the City. <br />6. INDEMNIFICATION <br />Concessionaire agrees to and shall indemnify and hold harmless the City, its officers, <br />agents, employees, Concessionaires, special counsel, and representatives from liability: (1) for <br />personal 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 of the Concessionaire or its contractors, subcontractors, <br />agents, employees, or other persons acting on their behalf which relates to the services described <br />in section I of this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief is due by reason of the terms 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 suffered, or alleged to <br />have been suffered, by reason of the events referred to in this Section or by reason of the terms <br />of, or effects, arising from this Agreement. The Concessionaire further agrees to indemnify, hold <br />harmless, and pay all costs for the defense of the City, including fees and costs for 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 proceeding. <br />7. CONFIDENTIALITY <br />If Concessionaire receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Concessionaire <br />agrees that it shall not use or disclose such information except in the performance of this <br />Agreement, and further agrees to exercise the same degree of care it uses to protect its own <br />