|
(i) Sponsor shall maintain all insurance required above in fall force and effect
<br />for the entire period covered by this Agreement.
<br />(ii) Certificates of insurance shall be flunished to the City upon execution of
<br />this Agreement and shall be approved in form by the City,
<br />(iii) 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 />e. If Sponsor fails or refuses to produce or maintain the insurance required by this
<br />section or fails or refuses to furnish the City with required proof that insurance has been procured
<br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith
<br />terminate this Agreement,
<br />6. INDEMNIFICATION
<br />To the fullest extent permitted by law, Sponsor shall indemnify, defend and hold
<br />harmless City, its officers, agents and employees (collectively, the "indemnified parties") fiom
<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, scuts, 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 tiny manner are related
<br />(directly or indirectly) to this Agreement or Sponsor's presence or activities at the Events
<br />(including the negligent and/or willful acts, errors toad/or omissions of Sponsor, its principals,
<br />officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed
<br />directly or indirectly by any of them or for whose acts they may be 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 clahn arising f rorn the sole negligence or willful
<br />misconduct of the indernnifxed parties, This indemnity shall apply to all claims and liability
<br />regardless of whether any insurance policies are applicuble. The policy limits do not act as a
<br />limitation upon the amount of indemnification to be provided by the Sponsor.
<br />7. CONFIDEN'T'IALITY
<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 panty 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 />Page 3 ot7
<br />
|