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<br />7. INSURANCE <br /> <br />In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if <br />Contractor has any employees, is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing the performance of the work <br />under this Agreement, Contractor agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br /> <br />8. INDEMNIFICATION <br /> <br />Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, consultants, special counsel, and representatives from liability for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including health, and claims for property damage, which may arise from the <br />direct or indirect operations of the Contractor or its contractors, subcontractors, agents, <br />employees, or other persons acting on their behalf which relates to the services described in <br />section 1 of this Agreement. <br /> <br />9. CONFIDENTIALITY <br /> <br />If Contractor receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Contractor agrees that <br />it 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 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the <br />Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of <br />law; or (e) is independently developed by the Contractor without reference to information <br />disclosed by the City. <br /> <br />10. CONFLICT OF INTEREST CLAUSE <br /> <br />Contractor covenants that it presently has no interests and shall not have interests, direct <br />or indirect, which would conflict in any manner with performance of services specified under <br />this Agreement. <br /> <br />11. NOTICE <br /> <br />Communication pursuant to this Agreement shall be in writing and shall be deemed to be <br />properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or <br /> <br />3 <br />