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<br /> <br /> <br /> <br /> <br /> <br /> Granicus and its suppliers and licensors shall not be liable for any indirect, special, incidental, <br /> consequential, or punitive damages, whether foreseeable or not, including but not limited to: those <br /> arising out of access to or inability to access the services, software, content, or related technical <br /> support; damages or costs relating to the loss of. profits or revenues, goodwill, data (including loss <br /> of use or of data, loss or inaccuracy or corruption of data); or cost of procurement of substitute <br /> goods, services or technology, even if advised of the possibility of such damages and even in the <br /> event of the failure of any exclusive remedy. <br /> 6.3 Insurance. Prior to undertaking performance of work under this Agreement, <br /> Granicus shall maintain and shall require its subcontractors, if any, to obtain and maintain <br /> insurance as described below: <br /> <br /> (a) Commercial General Liability Insurance. Granicus shall maintain commercial general <br /> liability insurance naming the City, its officers, employees, agents, volunteers and representatives <br /> as additional insured(s) and shall include, but not be limited to protection against claims arising <br /> from bodily and personal injury, including death resulting therefrom and damage to property, <br /> resulting from any act or occurrence arising out of Granicus' operations in the performance of this <br /> Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall <br /> be not less than the following: single limit coverage applying to bodily and personal injury, <br /> including death resulting therefrom, and property damage, in the total amount of $1,000,000 per <br /> occurrence. Granicus shall supply City with a fully executed additional insured endorsement in <br /> substantially the form attached hereto as Exhibit F. <br /> (b) Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br /> of the Labor Code, Granicus, if Granicus has any employees, it is required to be insured against <br /> liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br /> performance of the work under this Agreement, Granicus agrees to obtain and maintain any <br /> employer's liability insurance with limits not less than $1,000,000 per accident. <br /> (c) The following requirements apply to the insurance to be provided by Granicus <br /> pursuant to this section: <br /> <br /> (i) Granicus 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. <br /> (iii) Certificates and policies shall state that the policies shall not be canceled <br /> or reduced in coverage or changed in any other material aspect without <br /> thirty (30) days prior written notice to the City. <br /> (d) If Granicus 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. <br /> <br /> 7. CONFIDENTIAL INFORMATION & OWNERSHIP. <br /> <br /> 7.1 Confidentiality Obligations. Confidential Information shall mean all proprietary or <br /> confidential information disclosed or made available by the other party pursuant to this Agreement <br /> <br /> <br /> - - - - - - Page 4 <br /> 25D-6 <br />