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A. Due to the nature of the services to be provided by Ream to the City, Ream <br />is not required to provide any insurance coverage for the City. <br />B. Ream shall be covered under any insurance policy issued to the City for any <br />liability that may exist in the future for any acts performed by Ream or omissions caused <br />by Ream in the performance of the services rendered pursuant to the terms of this <br />Agreement by Ream. <br />ARTICLE 6 .INDEMNIFICATION <br />A. Ream shall not be liable to the City, or to any third person or entity who may <br />assert a claim based upon the relationship entered into between Ream and the City or for <br />any acts or omissions in the performance of services by Ream under the terms of this <br />Agreement. The City shall indemnify and hold Ream free and harmless from any claims, <br />demands, obligations, costs, judgments, attorneys' fees, and attachments arising from, <br />growing out of, or in any way connected with the services rendered by Ream to the City <br />under the terms of this Agreement. In the event of any claim or lawsuit being filed against <br />Ream the City shall select and/or approve the counsel for Ream including any <br />independent counsel in the event there would be a conflict of interest in having either the <br />City Attorney's office or counsel for the City represent both the Ream and the City. <br />B. Ream shall indemnify and hold the City harmless from any acts or <br />omissions that are caused by Ream while commuting to and from his residence to city hall <br />and for any intentional act or omission or by the gross negligence of Ream which results <br />in physical injury to a third person who is not an employee, agent or representative of the <br />City. <br />C. Excluded from the indemnification by Ream to the City set forth in Article <br />6, paragraph B is any acts or omissions that are caused by Ream while performing the <br />duties of City Manager of the City or in the implementation of any instructions of the Mayor <br />of the City, the City Council of the City, the Redevelopment Agency of the City or any <br />other agency or board of the City or the performance or implementation of any provision <br />of an ordinance or city code of the City, a state or federal statutory provision(s) or a city, <br />state or federal administrative regulation(s). <br />ARTICLE 7. CONFIDENTIALITY <br />A. If Ream receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Ream agrees <br />that he shall not use or disclose such information except in the performance of this <br />Agreement, and further agrees to exercise the same degree of care it uses to protect its <br />own information of like importance, but in no event less than reasonable care. <br />"Confidential Information" shall include all nonpublic information. Confidential information <br />includes not only written information, but also information transferred orally, visually, <br />electronically, or by other means. Confidential information disclosed to either party by <br />any subsidiary and/or agent of the other party is covered by this Agreement. The