Laserfiche WebLink
(iii) Siemens shall maintain all insurance required above in full force and effect for the entire <br />period covered by this Agreement. <br />(iv) Certificates of insurance shall be furnished to the City upon execution of this Agreement <br />and shall be approved in form by the City Attorney. <br />(v) Certificates and policies shall state that the policies shall not be canceled or reduced in <br />coverage or changed in any other material aspect without thirty (30) days prior written <br />notice to the City. <br />(vi) Certificates and renewals shall be sent to: <br />Santa Ana Police Department <br />Homeland Security Division <br />60 Civic Center Plaza <br />Santa Ana, CA 92702 <br />e. If Siemens fails or refuses to produce or maintain the insurance required by this section or fails <br />or refuses to furnish the City with required proof that insurance has been procured and is in force and paid <br />for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such <br />termination shall not effect Siemens's right to be paid for its time and materials expended prior to <br />notification of termination. Siemens waives the right to receive compensation and agrees to indemnify <br />the City for any work performed prior to approval of insurance by the City. <br />6. INDEMNIFICATION <br />Siemens agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, <br />consultants, special counsel, and representatives from liability for personal injury, damages, just <br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including <br />death, and claims for property damage, which may arise from the negligence or willful misconduct of <br />Siemens or its contractors, subcontractors, agents, employees, or other persons acting on their behalf <br />which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless <br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief <br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section. <br />7. CONFIDENTIALITY <br />If Siemens receives from the City information which due to the nature of such information is <br />reasonably understood to be confidential and /or proprietary, Siemens agrees that it shall not use or <br />disclose such information except in the 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. "Confidential Information" shall include all nonpublic information. Confidential <br />information includes not only written information, but also information transferred orally, visually, <br />electronically, or by other means. Confidential information disclosed to either party by any subsidiary <br />and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and <br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; <br />(b) is, through no fault of the Siemens disclosed in a publicly available source; (c) is in rightful possession <br />of the Siemens without an obligation of confidentiality; (d) is required to be disclosed by operation of <br />law; or (e) is independently developed by the Siemens without reference to information disclosed by the <br />City. <br />25A -5 <br />