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E. The following requirements apply to the insurance Nbeprovided by Consultant pursuant
<br />to this section:
<br /><i) Consuftant shall maintain all insurance required above in full force and effect lot
<br />the entire period covered hy this Agreement.
<br />(ii) Certificates of insurance shall be furnishod to the City upon execution ofthis
<br />Agreement and shall hnapproved iu form 8y [lie City Attorney,
<br />(iii) Ccrdfivatcoarid policies shall state that the policies shall not ho canceled or
<br />reduced in coverage or changed in any other material expect without thirty (30)
<br />days prior written notice to the City,
<br />R{y Consultant fails or refuses to produce or maintain the insurance required hJ8dxxncUnoor
<br />fails ur refuses \o famish the City with required proof that insurance has been procured and ixiu force and
<br />paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement, Such
<br />termination shall not effect Consultant's right to be paid for its time arid materials expended prior to
<br />uotifinudouuf termination, Consultant waives the right to receive compensation and agrees iuindemnify
<br />the City for any work par8zoucd prior tv approval uf insurance by the City.
<br />6. INDEMNIFICATION
<br />Consultant agrees to arid shall indemnify arid hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives fruin liability: (l) for personal injury,
<br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
<br />injury, including death, and clairris for property damage, which may arise from the direct or indirect
<br />operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting
<br />"oUhoirhebu]fn/bic6rdutmatod`msen/icexdvoori8odi0000dnu1ofddn/\Ur*tsuuut;uud(2)(roozuoy
<br />claim iba\personal injury, da,00gou`just cnuzpouuutinu'rrntto ion, judicial or equitable relief ]o due 6v
<br />reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless
<br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
<br />suffered, ur alleged io have been suffered, hy reason of the events referred |oiu this Section o,hyreason
<br />of the terms of, or effects, arising from this Agreement, 'Fire Consultant, further agrees to indemnity, hold
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<br />selected by the City, regarding any action by a third party challenging the validity of this Agreement, or
<br />asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to
<br />personal or property rights arises hy reason of the t0000 of, *r effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation iu arty legal proceeding,
<br />CONFIDENTIALITY
<br />If Consultant receives from the City inforr'nation which due to the nature of such information is
<br />reasonably understood toh0000fideod«|and/or proprietary, Consultant agrees that i, shalt not use vr
<br />disclose such information except in tire performance of this Agreement, and further agrees to exercise the
<br />same degree of care it uses to protect its own information of like importance, but in no event less than
<br />reasonable care, «Coufido8iulInformation" shall include all nonpublic information, Confidential
<br />iutouoo|iouiuclnde^uv<oulyvvdUeniofonmxboo,bvtulooiuV/ouu|ivutrmm#xrodnzuDy.rioumUy,
<br />electronically, or by other means. Confidential inforniation disclosed to either party by any subsidiary
<br />arid/or agent ortho other party is covered by this Agreement. The foregoing obligations of non-useand
<br />nondisclosure shall not apply tv any information that («) has been disclosed iu publicly mvuilub]Vsources;
<br />(b) is, 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 confldentiality� (d) is required to be disclosed by
<br />
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