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e. The following requirements apply to the insurance to be provided by Consultant <br /> pursuant to this section: <br /> (i) Consultant shall maintain all insurance required above in full force and <br /> 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 Consultant 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 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 /> 6. INDEMNIFICATION <br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br /> employees, consultants, special counsel, and representatives from liability: (1) for personal <br /> injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br /> for personal injury, including health, and claims for property damage, which may arise from the <br /> direct or indirect operations 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 1 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 Consultant 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 /> <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 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 /> 3 <br /> <br />