25G - VENDING TRUCK SERVICES - DAN YOUNG SOCCER COMPLEX

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e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) (ii) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (iii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iv) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the ri ht to receive compensation and agrees to indemnify the City for any work performed prior to a goval of insurance by the City. pp 6• INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents employees, contractors, special counsel, and representatives from liability: (1) for ersonal p injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or an other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, em to e or other persons acting on their behalf which relates in any way to the services provided bs~ Contractor under this Agreement; and (2) from any claim that personal injury, dama es y g , dust compensation, lost profits, restitution, or judicial or equitable relief or any other type of dama e whatsoever is due by reason of the terms of or effects arising from this Agreement or of tg Contractor's actions hereunder. This indemnity and hold harmless agreement a lies to he claims for damages, just compensation, restitution, lost profits or any other judicialpor e uit all relief or damages suffered, or alleged to have been suffered, by reason of the events refe ed t ble this Section or by reason of the terms of, or effects, arising from this Agreement. The Contrao in further agrees to indemnify, hold harmless, and pay all costs for the defense of the ctor including fees and costs for special counsel to be selected by the City, relative to an actionCity, third party challenging the validity of this Agreement, or asserting that personal injuy dam by a just compensation, restitution, lost profits, or judicial or equitable relief or any other t ages, damage whatsoever has arisen by reason of the terms of, or effects arising from this A redpe of g ment or Contractor's actions hereunder. City may make all reasonable decisions with res ect to it representation in any legal proceeding. p s CONFIDENTIALITY If Contractor receives from the City information which, due to the nature of such information, is reasonably understood to be confidential and/or proprietary, Contractor a that it shall not use or disclose such information except in the performance of this A ree green and further agrees to exercise the same degree of care it uses to protect its own informationent, of 25G-5