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6. INDEMNIFICATION <br />To the fullest extant permitted by law, Sponsor shall indemnify, defend and hold <br />harmless City, its officers, agents and employees (collectively, the "indemnified parties") from <br />and against any and all claims (including, without limitation, claims for bodily injury, death or <br />damage to property), demands, obligations, damages, actions, causes of action, suits, losses, <br />judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, <br />attorney's fees, disbursements and court costs) of every kind and nature whatsoever <br />(individually, a claim; collectively, "claims"), which may arise from or in any manner are related <br />(directly or indirectly) to Sponsor's presence or activities at the Event (including the negligent <br />and/or willful acts, errors and/or omissions of Sponsor, its principals, officers, agents, <br />employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or <br />indirectly by any of them or for whose acts they maybe liable for any or all of them). <br />Notwithstanding the foregoing, nothing herein shall be construed to require Sponsor to <br />indemnify the indemnified parties from any claim arising from the sole negligence or willful <br />misconduct of the indemnified parties. This indemnity shall apply to all claims and liability <br />regardless of whether any insurance policies are applicable. The policy limits do not act as a <br />limitation upon the amount of indemnification to be provided by the Sponsor. <br />CONFIDENTIALITY <br />If Sponsor receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Sponsor agrees that it <br />shall not use or disclose such information except in the performance of this Agreement, and, <br />further agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care, "Confidential Information" shall include <br />all nonpublic information. Confidential information includes not only written information, but <br />also information transferred orally, visually, electronically, or by other means, Confidential <br />information disclosed to either party by any subsidiary and/or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to <br />any information that (a) has been disclosed in publicly available sources; (b) is, through no fault <br />of the Sponsor disclosed in a publicly available source; (c) is in rightful possession of the <br />Sponsor without an obligation of confidentiality; (d) is required to be disclosed by operation of <br />law; or (e) is independently developed by the Sponsor without reference to information disclosed <br />by the City. <br />8. CONFLICT OF INTEREST CLAUSE <br />Sponsor covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />9. NOTICE <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 person or <br />mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic <br />communication in the manner provided in this Section, to the following persons: <br />