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<br />e. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br /> <br />(i) Consultant shall maintain all insurance required above in full force and <br />effcct 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) Certificates and policies shall state that the policics shall not he canceled <br />or reduced in coverage or changcd in any other material aspect without <br />thirty (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 furnish the City with required proof that insurancc has bccn procured <br />and is 1Illorce and paid for, the City shall have the right, at thc City's election, to forthwith <br />tell11inate this Agreement. Such termination shall not effect Consultant's right to be paid for its <br />time and materials cxpended prior to notification ofterminalion. Consultant waives the right to <br />rcceive compensation and agrees to indemnify the City for any work perfoll11ed prior to approval <br />of insurance by the City. <br /> <br />6. INDEMNIFICATION <br /> <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consnltants, special counsel, and representatives from liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitahle relief arising out of claims <br />for personal injmy, ineluding health, and claims for property damagc, which may arisc from the <br />direct or indirect operations of the Consultant or its contractors, subcontractors, agents, <br />employccs, or othcr pcrsons acting on their hehalfwhich relates to the services described in <br />section 1 of this Agreement; and (2) from any claim that personal injury, tlamages,just <br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects <br />arising from this Agreement. This indemnity and hold harmless agreement applies to all claims <br />for damages, just compensation, restitution, judicial or equitable rclicf suffcrcd, or allegetl to <br />have been suffered, by reason ofthc events referred to in this Section or hy reason of the terms <br />of, or effects, arising from this Agreement. The Consultant further agrees to indemnifY, hold <br />harmless, and pay all costs for the defense orthe City, ineluding fees anti 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 compcnsation, restitution, <br />judicial or equitable relief due to pcrsonal or property rights arises hy reason of the terms of, or <br />effccts arising 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 Consultant rcceives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees <br />that it shall not use or disclose such iuformation except in the performance of this Agreement, <br />and fUl1her agrees to exercise the same degree of care it uses to protect its own information of <br /> <br />3 <br />