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<br />.... <br /> <br />-. <br /> <br />e. The following requirements apply to the insurance to be provided by Consultant <br />pursllant to this section: <br /> <br />(i) Consllltant shall maintain all insurance reqllired above in fllll force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insmance shall be fumished to the City upon execlltion of <br />this Agrcement and shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the polines shall not be canceled <br />or redllced in coverage or changed in any other material aspect without <br />thiliy (30) days prior written notice to the City. <br /> <br />f. If Consultant fails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to fllmish 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 />ten11inate this Agreement. Such termination shall not effect Consllltant's right to be paid for its <br />time and materials expended prior to notification oftermination. Consultant waives the right to <br />receive compensation and agrees to indemnify the City for any work perfolmed prior to approval <br />of insurance by the City. <br /> <br />6. Il\"DEMNIFICATION <br /> <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability: (I) for personal <br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims <br />for personal injury, including health, and claims for property damage, which may arise from the <br />direct or indirect operations of the Consultant or its contractors, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in <br />section I of this Agreement; and (2) from any claim that personal injury, damages, just <br />compensation, restitution, judicial or equitable relief is due by reason of the tenns of or effects <br />arising from this Agreement. This indemnity and hold harmless agreement applies to all claims <br />for damages, just compensation, restitution, jlldicial or equitable relief suffered, or alleged to <br />have been suffered, by reason of the events referred to in this Section or by reason of the terms <br />of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold <br />hamlless, and pay all costs for the defense of the City, including fees and costs for special <br />counsel to"be selected by the City, regarding any action by a third party challenging the validity <br />of this Agreement, or asserting that personal injury, damages, just compensation, restitution, <br />judicial or equitable relief dlle to personal or property rights arises by reason of the tenns of, or <br />effects alising from this Agreement. City may make all reasonable decisions with respect to its <br />representation in any legal proceeding. <br /> <br />7. CONFIDENTIALITY <br /> <br />If Consllltant receives from the City infomlation which clue to the nature of sllch <br />information is reasonably understood to be confidential and/or proprietary, Consllltant agrees <br />that it shall not use or disclose sllch information except in the performance of this Agreement, <br />and fllrther agrees to exercise the same degree of care it uses to protect its own infon11ation of <br /> <br />3 <br />