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<br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non-owned automobiles. <br /> <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />ofthe Labor Code, Vendor, if V endor has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Vendor agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $I,OOO,OOO per accident. <br /> <br />d. The following requirements apply to the insurance to be provided by Vendor pursuant <br />to this Section 5.: <br /> <br />(i) Vendor shall maintain all insurance required above in full force and effect <br />for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the City upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <br />(iii) In the event of cancellation of the policies described in HP's Certificate of <br />Insurance, HP will endeavor to give thirty (30) days prior written notice to <br />the City. <br /> <br />e. If V endor fails or refuses to produce or maintain the insurance required by this Section <br />5., or fails or refuses to furnish the City with required proof that insurance has been procured and <br />is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate <br />this Agreement. Such termination shall not effect Vendor's right to be paid for its time and <br />materials expended prior to notification of termination. <br /> <br />6. LIMITATION OF LIABILITY AND REMEDIES <br /> <br />The limitation ofliability and remedies is set forth in Exhibit C, Section 12. <br /> <br />7. CONFIDENTIALITY <br /> <br />The parties agree that should it be necessary to disclose confidential information <br />("Confidential Information") during the term ofthis Agreement, such information will be <br />disclosed pursuant to the Confidential Disclosure Agreement attached hereto as Exhibit H. <br /> <br />8. CONFLICT OF INTEREST CLAUSE <br /> <br />Vendor 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 /> <br />City of Santa Ana and HP Agreement <br />Confidential Information <br />Revision Date February 24, 2004 <br /> <br />Page 4 of8 <br />