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<br />~\c.aE:> <br />performance of the.lAAll4:: under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br /> <br />6j~ <br /> <br />b. Professional liability (errors and omissions) insurance, with a €\lmh;n"," <;ngJ.e limit of <br />not less than $1,000,000 per claim. <br /> <br />~~ <br /> <br />c. 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 />effect for the entire period covered by this Agreement. <br /> <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 /> <br />(iii) <br /> <br />Certificates and policies shall state that the policies shall not be canceled <br />Sf re8li~~d ;.11 ,,,uvta<t5~ u, ~hUi'5~d;.I1 <tHY uti.". ,...tIsRal aSjlset without ~l.fJ' <br />thirty (30) days prior written notice to the City. <br /> <br />7. INDEMNIFICATION <br /> <br />Consultant agrees to and shall indemniJY and hold harmless the City, its officers, ~,~ <br />employees, ~GHsHltantE,..j;jl8sial GGHHSQI, 1IH8. rtlflreasRtati':8s from liability for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including health, and claims for property damage, wflisfllflay aRS@ foollllh~ <br />di];~st Be iR9if~st 9f18Ffrti6fiiS of the Consultant or its ceRtrast61"S, <::phrogRtr:i\f'tnrc, agents~ ~ \.Aiv' <br />employees, or other persons IlQtiRg {*llhsir 1l8RBl.fwhich relates to the services described in l if <br />section I of this Agreement. L v.:>~ leA"=- ~ ~ t-~u, uUJ..,e. <br /> <br />8. CONFIDENTIALITY 10 n.a e(f~ CWbc:0 W jl\e. ~UE::l~ <br />~ ,~Ir", ~ oMm\'S&I~S <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 information of <br />like importance, but in no event less than reasonable care. "Confidential Information" shall <br />include all nonpublic information. Confidential information includes not only written <br />information, but also information transferred orally, visually, electronically, or by other means. <br />Confidential information disclosed to either party by any subsidiary and/or agent ofthe other <br />party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure <br />shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br />through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful <br />possession of the Consultant without an obligation of confidentiality; (d) is required to be <br />disclosed by operation oflaw; or (e) is independently developed by the Consultant without <br />reference to information disclosed by the City. <br /> <br />3 <br />