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<br /> <br /> <br /> <br /> <br /> <br /> d. The following requirements apply to the insurance to be provided by ARAMARK <br /> pursuant to this section: <br /> <br /> (i) ARAMARK 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 shall state that the CITY will be given thirty (30) days' prior <br /> written notice of cancellation. <br /> e. If ARAMARK 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 is in force and <br /> paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this <br /> Agreement. Such termination shall not effect ARAMARK's right to be paid for its time and <br /> materials expended prior to notification of termination. <br /> <br /> 6. INDEMNIFICATION <br /> <br /> ARAMARK agrees to and shall indemnify and hold harmless the CITY, its officers, <br /> agents, employees, contractors, special counsel, and representatives from liability for personal <br /> injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br /> for bodily injury, including death, and claims for property damage, which may arise from the <br /> negligent acts or omissions of ARAMARK or its contractors, subcontractors, agents, employees, <br /> or other persons acting on their behalf in their performance of the services described in section 1 <br /> of this Agreement. However, it is expressly understood that ARAMARK shall not be <br /> responsible for damages caused by inmates nor by the acts or omissions of the CITY, its officers <br /> agents or employees. Neither any of the CITY's officers, employees, agents, servants or <br /> contractors, nor any inmates, are or will be deemed to be agents or employees of ARAMARK <br /> and no liability is or will be incurred by ARAMARK to such persons, except for bodily injury to <br /> such persons caused by ARAMARK's negligence or intentional acts. ARAMARK further agrees <br /> to indemnify, hold harmless, and pay all costs for the defense of the CITY, regarding any action <br /> by a third party asserting that personal injury, damages, just compensation, restitution, judicial <br /> or equitable relief due to personal or property rights arises by reason of the terms of, or effects <br /> arising from this Agreement. CITY may make all reasonable decisions with respect to its <br /> representation in any legal proceeding. The CITY shall promptly notify ARAMARK of any <br /> claim for which indemnity is sought, and shall cooperate with ARAMARK in the investigation <br /> and defense of such claim. ARAMARK shall have the sole discretion to defend and settle such <br /> claim. <br /> <br /> 7. CONFIDENTIALITY <br /> <br /> If either party receives from the other party information which due to the nature of such <br /> information is reasonably understood to be confidential and/or proprietary, the receiving party <br /> agrees that it 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 own <br /> information of like importance, but in no event less than reasonable care. "Confidential <br /> <br /> <br /> 4 <br /> 25E-6 <br />