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e. 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) The Certificate shall state that Consultant's insurance is primary. <br />(iii) Certificates of insurance shall be furnished to the Agency upon execution <br />of this Agreement and shall be approved in form by the Agency Legal <br />Counsel. <br />(iv) Certificates and policies shall state that the policies shall not be cancelled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br />f. 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 />6. INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, eensultants, 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, wh ieh may a to the extent <br />arising from the di fee* i- aireet °p °r-atie negligent acts, omissions or willful misconduct of <br />the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on <br />their behalf which relates to the services described in section 1 of this Agreement, and from any <br />claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is <br />due by reason of negligence, recklessness or willful misconduct of Consultant arising from this <br />Agreement. The Consultant fui4her- agrees - te- indemnify, held hafmles� and pay all bests ferthe <br />City, <br />damages, regarding any aetion by a third pai4y asset4ing that per-senal injury, just eem. , <br />restittitiofl, j tidieial or equitable relief due to personal or- pr-epel4y rights ar-ises by reason of the <br />terms of-, or- effeets arising fiem this Agreement. Gity may make all r-easenable deeisions with <br />7. 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 further 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 />25B -5 <br />