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Oil 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 />o. If Consultant forf; or refuses to produce or maintain the insurance required by this
<br />,section or little or refit ,es to formal' the City oudli required proof that insuralloo, has been procured
<br />and is in force and paid for, tile oon, y
<br />, City shall have the rightat the Cit's election, tri . terminate this
<br />Apreament. Such tenni nation shall not 9'fecr Consultant's right to be paid firr its time trod
<br />materials expended prior to notification of termination, Consultant waives the right to receive
<br />coonistursation and agrees to indermn Py the City for any work perfortarod prior to approval of
<br />insurance by the City.
<br />(u INDENICit WTC: ATION
<br />Consultant agrees 10 and shall indemnify, defend, and hold harmless the City, its officers, evert
<br />ornployces, consultants, counsel, and representatives from liability ter personal injury, damages, just
<br />compensation, restitution,judicial or equitable relief arising out of chums: (1) for personal injury,
<br />including death, and clams for property damage, arising ficlon the direct or indirect operations ofthe
<br />Consultant or its contractors, subcorstractors., agents, e"elelclYers, Or other Persons acting on its behalf
<br />which rotates 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 reason of
<br />effects arising front this oogrcornorlL'Phis indemnity laid ]!old boneless agroccrent applies to an claims
<br />for dounages, just cornporls"ni0flo, restitution, judicial or equitable reJiof,,qXdcred, or alleged to have been
<br />suffcrcd, by reason of the event,% referred to in this `Section 'file COMUlturit further agrees to indamnify,
<br />bold h,.wrnless, and pay all costs for the (ICEenw, of tile City, inothadfirly fees and costs for corrace) 10 be
<br />selected by the City, reg'arding any action by to third PallY anserfint, that personal injury, damages, just
<br />comPtasalion, resfiourkni,judicial or equitable relief due to personal os, Tor property rights y rcoreln of
<br />the to rfro of, or effects arising born this Agreloment. City mey rocks all l(visoorable decisions tolith rexpect,
<br />to its "Offlosianation it, ally logat prcoscsohng.
<br />7, CON MWENTIALITY
<br />U Consullaw received from the City information which due to the usiono of such intruntabe is
<br />reasonably understood to be confidential and oor proprietary, Consultant agrees that it, shall not. are or
<br />disclose suclh information except in the performance of this Agreement, end burther agrees to exercise the
<br />S&MO degres of care it uses toprotntu its Ou'll information of like irnportance, but in no evelit less mart
<br />reaMnsfoln, care, "Collibdonnel In fieralation" short] hIcludo all nonpublic icturluation. Confidential
<br />information includes not only written informortion, but also onclocarion traileforoad orally, visually,
<br />oncfor agent of the other party is covered by this Agrtcrntsa. She Foreg
<br />,oing obligations of non-uscarld
<br />nondisclosure shall act apply to auY inhowarstion that (,a) has been disclosed in pi.iblicly available sources;
<br />(b) is, through us, fault of the Consultant disclosed in a publicly mailable sourov; (c) is it, rightful
<br />Possession o{ ti Consultant and disclosed without an obligation of cronfi(fvrbcdity; (j) is required to be
<br />da closed by operation of law; or (c) is independently developed by the Consultant without reference to
<br />information disciosed by tore Cry.
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