D. The following requirements apply to the insurance to be provided by Consultant pursuant to
<br />this section:
<br />(i) Consultant shall maintain all insurance required above in full force and effect for
<br />the entire period covered by this Agreement,
<br />(ii) Certificates of insurance shall be furnished to the City upon execution of this
<br />Agreement and shall be approved in form by the City Attorney,
<br />(iii) Certificates and policies shall state that the policies shall not be cancelled or
<br />reduced in coverage or changed in any other material aspect without thirty (30)
<br />days prior written notice to the City,
<br />E. If Consultant fails or refuses to produce or maintain the insurance required by this section or
<br />fails or refuses to frunish the City with required proof that insurance has been procured and is in force and
<br />paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such
<br />termination shall not affect Consultant's right to be paid for its time and materials expended prior to
<br />notification of termination. Consultant waives the right to receive compensation and agrees to indemnify
<br />the City for any work performed prior to approval of insurance by the City.
<br />6. INDEMNIFICATION
<br />To the fullest extent perni tied by law, Consultant shall indemnify, defend and hold harmless City,
<br />its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all
<br />claims (including, without limitation, claims for bodily injury, death or damage to property), demands,
<br />obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs
<br />and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind
<br />and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any
<br />manner related (directly or indirectly) to any work performed or services provided under this Agreement
<br />(including, without limitation, defects in workmanship and /or materials) or Consultant's presence or
<br />activities conducted performing the work (including the negligent and/or willful acts, errors and/or
<br />omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors,
<br />subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be
<br />liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require
<br />Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or
<br />willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability
<br />regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation
<br />upon the amount of indemnification to be provided by the Consultant.
<br />CONFIDENTIALITY
<br />If Consultant receives from the City information which due to the nature of such information is
<br />reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
<br />disclose such infotnnation except in the performance of this Agreement, and further agrees to exercise the
<br />same degree of care it uses to protect its own information of like importance, but in no event less than
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