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such insurance shall be primary and non-contributing to any insurance of self-insurance
<br /> maintained by City
<br /> 66 Consultant shall defend, indemnify and hold harmless City and its elected officials,
<br /> employees and agents from and against any and all claims, losses or liability, including
<br /> attorneys' fees, arising from injury or death to persons or damage to property occasioned
<br /> by and negligent act or omission by,or the willful misconduct of,Consultant,of its officers,
<br /> employees and agents in performing the Services
<br /> 67 City agrees to indemnify Consultant for any claim,judgment, inunction,damages,attorney
<br /> fees, litigation expenses, settlement,or any other loss that results from City of anyone who
<br /> has accessed Confidential Information through, because, or by way of, City disseminating,
<br /> distributing, sharing, copying, sending, or in any other manner communicating any
<br /> Confidential Information to anyone other than as such is absolutely necessary in order for
<br /> the license identified in this Agreement to operate The indemnity described herein is owed
<br /> from the moment that a claim is made, outside of a lawsuit or in a lawsuit
<br /> ARTICLE 7—CONFLICTS OF INTEREST
<br /> 71 Consultant covenants and represents that it does not have any investment of interest in any
<br /> real property that may be the subject of this Agreement or any other source of income,
<br /> interest in real property or investment that would be affected in any manner or degree by
<br /> the performance of Consultant's services Consultant further covenants and represents that
<br /> in the performance of its duties hereunder,no person hai ing any such interest shall perform
<br /> any Services undei this Agreement
<br /> 72 Consultant agrees it is not a designated employee within the meaning of the Political
<br /> Reform Act because Consultant-
<br /> A Does not make a governmental decision whether to
<br /> (i) approve a rate, rule or regulation, or adopt or enforce a City law,
<br /> (ii) issue, deny, suspend or revolve any City permit, license, application,
<br /> certification, approval, ordei of similar authorization or entitlement,
<br /> (iii) authorize the City to enter into, modify of renew a contract,
<br /> (iv) grant City approval to a contract that requires City approval and to which
<br /> City is a party, or to the specifications for such a contract;
<br /> (v) grant City approval to a plan, design, report, study or similar item;
<br /> (vi) adopt of grant City approval of,policies, standards or guidelines foi City or
<br /> foi any subdivision thereof
<br /> K Does not serve in a staff capacity with City, participate in making a governmental
<br /> decision or otherwise perform the same of substantially the same duties for City
<br /> that would otherwise be performed by an individual holding a position specified in
<br /> City's Conflict of Interest Code under Government Code section 87302
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