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								    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") 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 claire; collectively, "claims"), which may arise from or in any manner are related 
<br />(directly or indirectly) to this Agreement or Sponsor's presence or activities at the Event 
<br />(including the negligent and/or willful acts, errors and/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 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 />7. 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 irifarmation 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 infoianation. 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 rightfiil possession of the 
<br />Sponsor without air obligation of confidentiality; (d) is required to be disclosed by operation of 
<br />law; or (c) is independently developed by the Sponsor without reference to information disclosed 
<br />by the City, 
<br />S. 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 providedd in this Section, to the following persons: 
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