SIEMENS INC. 9 -2013 - Laserfiche WebLink

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(iii) Siemens shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement, (iv) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (v) Certificates and policies shall state that the policies shall not be canceled without thirty (30) days prior written notice to the City. (vi) Certificates and renewals shall be sent to: Santa Ana Police Department Homeland Security Division 60 Civic Center Plaza Santa Ana, CA 92702 e. If Siemens fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Siemens's right to be paid for its time and materials expended prior to notification of termination. Siemens waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Siemens agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal iniury, including death, and claims for property damage, which may arise from the negligence or willful misconduct of Siemens or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section. CONFIDE' NTIALIT'Y If Siemens receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Siemens agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Siemens disclosed in a publicly available source; (c) is in rightful possession of the Siemens without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Siemens without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE