Laserfiche WebLink
7. INDEMNIFICATION <br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br /> employees, and special counsel froze liability for personal injury, or just compensation, arising <br /> out of claims for personal injury, including heal#h, and claims for property damage, to the extent <br /> they arise from the negligent or willful misconduct in the performance of operations or ez~•ors or <br /> omissions of the Consultant or its contractors, subcontractors, agents, employees, or other <br /> persons acting on their behalf which relates to the services desczibed in section 1 of this <br /> Agreement, <br /> Inasmuch as measures to prevent or mitigate the effect of any act or terrorism are unique <br /> to the act, and the actions that maybe taken in controlling, preventing or suppressing acts of <br /> terrorism are unique to the act, Consultant is not responsible to City for designing or advising on <br /> or otherwise taking measures to prevent oz• mitigate the effect of any act of terrorism or any <br /> action which may be taken in controlling, preventing, suppressing or in any way relating to an ' <br /> act of terrorism. <br /> 8. CONFIDENTIALITY <br /> If Consultant receives from the City infozxnation which due to the nature of such <br /> informa#ion 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 #han 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 of the other <br /> party is covered by this Agreemen#. 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 rightfizl <br /> possession of the Consultan# without an obligation of confidentiality (d) is zequir•ed to be <br /> disclosed by operation of law; or (e) is independently developed by the Consultant without <br /> reference to information disclosed by the City. <br /> 9. CONFLICT OF INTEREST CLAUSE <br /> Consultant covenants that it presently has no interests and shall not have interests, direct <br /> or indirect, which would conflict in any manner with performance of services specified under <br /> this Agreement. <br /> 1 Q. NOTICE <br /> Any notice, tender, demand, delivery, or other communication pursuant to this <br /> Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br /> mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other <br /> <br /> telegraphic communication in the manner provided in this Section, to the following persons; <br /> Page4of8 <br /> 25H-6 <br /> <br />