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e. I he iollo~ying 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 A~recment 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 ~yritten notice to the City. <br />f. I1~Consultant lads or refuses to produce or maintain the insurance required by this <br />section or lads or refuses to (~urnish the City with required proof that insurance has been procured <br />and is in force and paid ior. the City shall hayc the right, at the City's election. to forthwith <br />terminate this :~~zrecment. Such termination shall not effect Consultant's ri~~ht 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 indemnil~} the City for any work performed prior to approval <br />of insurance b~~ the Cite. <br />6. IVUENINIFIC~ITION <br />Consultant agrees to and shall indemnii~~ and hold harmless the City. its officers. agents. <br />employees, consultants, special counsel. and representatives Isom liability: (1) for personal <br />injury. damagcs,.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 ~~hich relates to the services described in <br />section 1 ol~this :`lgreement: and (2) Isom am claim that personal injury, damages. .just <br />compensation. restitution. judicial or equitable relief is due by reason ol'the terms oi'or effects <br />arisin~~ from this A~~reement. This indemnity and hold harmless agreement applies to all claims <br />for damages. just compensation, restitution, judicial or cquitablc relief sui~fcred. or alleged to <br />hay e been sul~lcred, h} reason oi'the events referred to in this Section or by reason of the terms <br />ul~. or eliects. arisin~~ li-om this Agreement. The Consultant further agrees to indemnify. hold <br />harmless. and pa~~ all costs for the defense of the City, including fees and costs for special <br />counsel to be selected by the C: ity, regarding am action by a third party challenging the validity <br />ol'this Agreement. or asserting that personal injury. damages. just compensation. restitution. <br />judicial or cquitablc relief due to personal or property rights arises by reason of the terms ol; or <br />effects arising from this :agreement. City may make all reasonable decisions with respect to its <br />representation in am~ legal proceeding. <br />7. CO~VFIUh.NTIALITY <br />Consultant shall conform to all HIPPA requirements regarding examinations performed <br />by Consultant. <br />I f Consultant receives from the Ciri~ information which due to the nature of such <br />inlormation is reasonably understood to be confidential and/or proprietary. Consultant agrees <br />Mat ll Shall nol use Ur disclose such information except in the performance of this Agreement. <br />and i'urther a~~rees to exercise the; same degree of care it uses to protect its o~~m inlormation of~ <br />25i~-5 <br />