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<br /> <br /> <br /> d. The following 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 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 <br /> or reduced in coverage or changed in any other material aspect without <br /> thirty (30) days prior written notice to the City. <br /> e. 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 been procured <br /> and is in force and paid for, the City shall have the right, at the City's election, to forthwith <br /> terminate this Agreement. Such termination shall not effect Consultant's right 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 indemnify the City for any work performed prior to approval <br /> of insurance by the City. <br /> 7. 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 for personal injury, <br /> damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br /> 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 which relates to the services described in <br /> section 1 of this Agreement. <br /> 8. CONFIDENTIALITY <br /> If Consultant receives from the City information which due to the nature of such <br /> information 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 fur-ther agrees to exercise the same degree of care it uses to protect its own information of <br /> like importance, but in no event less than 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 Agreement. 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 rightful <br /> possession of the Consultant without an obligation of confidentiality; (d) is required 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 /> 3 <br />