REAM, DAVID N. (March-May 2011) - Laserfiche WebLink

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