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b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against <br />liability for worker's compensation or to undettake self - insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than S 1,OOO,000 per accident. <br />c. The following requumments apply to the insurance to be provided by Consultant <br />pursuant to 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 fonts by the City Attorney. <br />(iii) Certificates and policies shall state that the policies shall not be canceled without <br />thirty (30) days prior written notice to the City. 'Ten (10) days notice if <br />cancellation is due to non-payment of premium. <br />d. If Consultant £ails 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 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 />terminate this Agreement. <br />INDENINIFICAT'[ON <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employees, and special counsel from liability for personal injury, orjust,eompensation, arising <br />out of claims for personal injury, including death, and claims for property damage, to the extent <br />they arise from the negligent or wil(fld misconduct in the performance of operations or errors or <br />omissions of the Consultant or its contractors, subcontractors, agents, employees, or other <br />persons acting on their behalf which relates to the set-vices described in section l of this <br />Agreement. <br />a. CONFIDENTIALITY <br />If Consultant receives from the City infortuation 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 information except in the performance of this Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own information of <br />like importance, but in no event less than reasonable care. "Confidential Information" shalt <br />include all nonpublic information. Confidential information includes not only written <br />information, but also information transferred orally, visually, electronically, or by other means. <br />Confidential information disclosed to either party by any subsidiary and /or agent ofthe other <br />party is covered by this Agreement. The Foregoing obligations of rron -use and nondisclosure <br />shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br />through no fault of the Consultant disclosed in a publicly available source; (c) is in riglitful <br />possession of the Consultant without an obligation of confidentiality (d) is required to be <br />