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8. INDEMNIFICATION
<br />Consultant agrees to and shall indemnify and hold harmless the City, its officers,
<br />agents, employees, consultants, special counsel, and representatives from liability: (1) for
<br />Personal injury, damages, just compeniation, restitution, judicial or equitable relief arising out
<br />of eWms for personal injury, includitig death, and claims for Property damage, which may
<br />arise from the negligence, reckless4ss or willful misconduct of the Consultant of its
<br />contractors, subcontractors, agents, employees, or other persons acting on their behalf which
<br />relates to the services described in section I of this Agreement; and (2) from any claim that
<br />personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
<br />reason of the negligence, recklessness or willful misconduct of Consultant arising from this
<br />Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for
<br />the defense of the City, including fees And costs for special counsel to be selected by the City,
<br />regarding any action by a third party asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises
<br />by reason of the ten-as of, or effcats arising from this Agreement, City may make all
<br />reasonable decisions with respect to its representation in any legal proceeding.
<br />9. CONFIDENTIALITY
<br />If Consultant receives from t
<br />information is reasonably understood
<br />that subject to the law it shall not use
<br />of this Agreement, and further agrees
<br />own information of like importance,
<br />Information" shall include all nonpul
<br />only written information, but also im
<br />by other means. Confidential mfbrm,
<br />agent of the other party is covered by
<br />and nondisclosure shall not apply to �
<br />available sources; (b) is, through no f
<br />source; (c) is in rightful possess
<br />confidentiality; (d) is required to be i
<br />developed by the Consultant without r
<br />10. CONFLICT OF INTEREST
<br />Consultant covenants that it
<br />direct or indirect, which would c
<br />specified under this Agreement,
<br />IL NOTICE
<br />City information which due to The nature of such
<br />be confidential and/or proprietary, Consultant agrees
<br />disclose such information except in the performance
<br />exercise the static degree of care it uses to protect its
<br />in no event less than reasonable care, "Confidential
<br />information, Confidential information includes not
<br />-nation transferred orally, visually, electronically, or
<br />an disclosed to either party by any subsidiary and/or
<br />is Agreement. The foregoing obligations of non-use
<br />, information that (a) has been disclosed in publicly
<br />t of the Consultant disclosed in a publicly available
<br />I of the Consultant without an obligation of
<br />closed by operation of law4 or (e) is independently
<br />ronce to information disclosed by the City,
<br />ly has no interests and shall not have interests,
<br />in any manner with performance of services
<br />Any notice, tender, demand, delivery, or other communication pursuant to this
<br />Agreement shall be in writing and shall be deemed, to be properly given if delivered in
<br />person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or
<br />other telegraphic communication in thh manner provided in this Section, to the following
<br />persons:
<br />
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