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e. The following requirements apply to the insurance to be provided by <br />Consultant pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon <br />execution of this Agreement and shall be approved in form by the <br />City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be <br />canceled or reduced in coverage or changed in any other material <br />aspect without thirty (30) days prior written notice to the City. <br />f. If Consultant fails or refuses to produce or maintain the insurance required by <br />this section or fails or refuses to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such termination shall not effect <br />Consultant's right to be paid for its time and materials expended prior to notification of <br />termination. Consultant waives the right to receive compensation and agrees to <br />indemnify the City for any work performed prior to approval of insurance by the City. <br />8. INDEMNIFICATION <br />Consultant agrees to and shall indemnify, defend and hold harmless the City, its <br />officers, agents, employees, consultants, special counsel, and representatives from <br />liability: (1) for personal injury, damages, just compensation, restitution, judicial or <br />equitable relief arising out of claims for personal injury, including health, and claims for <br />property damage, which may arise from the direct or indirect operations of the Consultant <br />or its contractors, subcontractors, agents, employees, or other persons acting on their <br />behalf which relates to the services described in section 1 of this Agreement; and (2) <br />from any claim that personal injury, damages, just compensation, restitution, judicial or <br />equitable relief is due by reason of the terms of or effects arising from this Agreement. <br />The Consultant further agrees to indemnify, hold harmless, and pay all costs for the <br />defense of the City, including fees and costs for special counsel to be selected by the <br />City, regarding any action by a third party asserting that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief due to personal or property rights <br />arises by reason of the terms of, or effects arising from this Agreement. City may make <br />all reasonable decisions with respect to its representation in any legal proceeding. <br />9. CONFIDENTIALITY <br />If Consultant or its assigned personnel receives from the City information which <br />due to the nature of such information is reasonably understood to be confidential and/or <br />proprietary, Consultant agrees that it shall not use or disclose such information except in <br />the performance of this Agreement, and further agrees to exercise the same degree of care <br />it uses to protect its own information of like importance, but in no event less than <br />reasonable care. "Confidential Information" shall include all nonpublic information. <br />25F-6