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employer's liability insurance with limits not less than $1,000,000 per accident,
<br />-d, Professional Iiab.1IKy (errors and omissions) insurance; with a combined single limit of not
<br />less than $1,000,000 per claim.
<br />e, The following requirements apply to the insurance to be provided by Consultant pursuant to
<br />this section:
<br />(1) Consultant shall maintain all 'insurance required above in full force and effect for
<br />the entire period covered by this Agreement,
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of this
<br />Agreement and shall be approved in form by the City Attorney.
<br />(Iii) Certificates and policies shall state that the policies shall not be canceled or
<br />reduced in coverage or changed in any other material aspect without thirty (30)
<br />days prior written notice to the City,
<br />f. If Consultant fails or refuses to produce or maintain the insurance required by this section or
<br />fails or refuses to furnish the City with required proof that insurance has been procured and is in force
<br />and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement.
<br />Such termination shall not effect Consultant's right to be paid for its time and materials expended
<br />prior to notification of termination. Consultant waives the right to receive compensation and agrees to
<br />indemnify the City for any work performed prior to approval of insurance by the City.
<br />7. INDEMNIFICATION
<br />To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
<br />City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any
<br />and all claims (including, without limitation, claims for bodily injury, death or damage to property),
<br />demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
<br />liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court
<br />costs) of every kind and nature whatsoever (individually, a claim; collectively, claims), which may
<br />arise from or in any manner related (directly or indirectly) to any work performed or services provided
<br />under this Agreement (including, without limitation, defects in workmanship and /or materials) or
<br />Consultant's presence or activities conducted performing the work (including the negligent and /or
<br />willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
<br />suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for
<br />whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein
<br />shall be construed to require Consultant to indemnify the indemnified parties from any claim arising
<br />from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to
<br />all claims and liability regardless of whether any insurance policies are applicable. The policy limits do
<br />not act as a limitation upon the amount of indemnification to be provided by the Consultant.
<br />8. CONFIDENTIALITY
<br />If Consultant receives from the City information which due to the nature of such information is
<br />reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
<br />disclose such information except in the performance of this Agreement, and further agrees to
<br />exercise the same degree of care it uses to protect its own information of like importance, but in no
<br />event less than reasonable care. "Confidential Information" shall include all nonpublic information.
<br />Confidential information includes not only written information, but also information transferred orally,
<br />visually, electronically, or by other means. Confidential information disclosed to either party by any
<br />subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of
<br />non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly
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