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<br /> <br /> <br /> (i) Consultant shall maintain all insurance required above in full force and effect <br /> for the entire period covered by this Agreement. <br /> (ii) Certificates of insurance shall be furnished to the City upon execution of this <br /> 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 or <br /> reduced in coverage or changed in any other material aspect without thirty (30) <br /> days prior written notice to the City. <br /> d. 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 <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 <br /> of 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 /> 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 <br /> claims for personal injury, including health, and claims for property damage, which may arise <br /> from the direct or indirect operations of the Consultant or its contractors, subcontractors, <br /> agents, employees, or other persons acting on their behalf which relates to the services <br /> described in section 1 of this Agreement; and (2) from any claim that personal injury, <br /> damages, just compensation, restitution, judicial or equitable relief is due by reason of the <br /> terms of or effects arising from this Agreement. This indemnity and hold harmless agreement <br /> applies to all claims for damages, just compensation, restitution, judicial or equitable relief <br /> suffered, or alleged to have been suffered, by reason of the events referred to in this Section or <br /> by reason of the terms of, or effects, arising from this Agreement. The Consultant further <br /> agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including <br /> fees and costs for special counsel to be selected by the City, regarding any action by a third <br /> party challenging the validity of this Agreement, or asserting that personal injury, damages, <br /> just 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 all <br /> reasonable decisions with respect to its representation in any legal proceeding. <br /> 7. CONFIDENTIALITY <br /> If Consultant receives from the City information which due to the nature of such information <br /> is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall <br /> not use or disclose such information except in the performance of this Agreement, and further <br /> agrees to exercise the same degree of care it uses to protect its own information of like <br /> importance, but in no event less than reasonable care. "Confidential Information" shall <br /> include all nonpublic information. Confidential information includes not only written <br /> 3 <br />