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page 2 <br />Fire Contract <br /> <br />B. Contractor agrees for a period of 10 years from the date hereof to notify <br />City at least 90 days prior to any destruction of any records which may contain <br />City results (not individual records). <br /> <br />C. All group results, evaluations and interpretations will be the exclusive <br />property of City, and Contractor assumes no responsibility for maintaining <br />records of such data. <br /> <br />5. TESTIMONY <br /> <br />In the event as a consequence of performing the services, Contractor is requested <br />by City or is required by judicial or regulatory procedure, to participate, <br />appear and/or testify on behalf of City in any judicial or administrative suit, <br />proceeding or hearing, City shall pay Contractor for professional time expended <br />by its personnel at its then standard billing rates plus expenses incurred, all <br />in addition to payments made hereunder to Contractor by City in connection with <br />performance of the Services. <br /> <br />6. INDEMNIFICATION <br /> <br />A. Contractor shall be held responsible for any and all losses, accidents, <br />injury or damage to persons or property on Contractor's premises which may be <br />the result of this agreement and for which City might be held liable. <br /> <br />B. Contractor shall protect and indemnify City and save it harmless in every <br />way from all claims, suits or actions at law for damage or injury to persons or <br />property which may be the result of this agreementand because of this agreement. <br /> <br />7. INSURANCE <br /> <br />Contractor has procured and agrees to maintain throughout the duration of this <br />contract a policy or policies of insurance including the following: <br /> <br />A. Worker's Compensation insurance in respect to Contractor's employees. <br /> <br />B. General liability insurance in an amount of not less than $500,000. <br /> <br />C. Property damage insurance in an amount of not less that $500,000. <br /> <br /> It is hereby understood and agreed that the City, its officers, agents and <br /> employees and the Pleasanton Fire Department are additional insured under <br /> Contractor's insurance policy, but only as their interest may appear. <br /> <br />8. CONFIDENTIALITY OF MEDICAL INFORMATION <br /> <br /> Contractor agrees that all medical records of individual employees or prospective <br /> employees of City shall be treated in confidence and in accordance with City's <br /> policy on release of medical information and shall not be disclosed, published <br /> or made available by Contractor to any third parties other than the individual <br /> involved and/or such individual's personal physician following authorization by <br /> such individual, and shall be used by Contractor for the sole purposes of rendering <br /> the services to City pursuant to this Contract. Notwithstanding the foregoing, <br /> should Contractor uncover a condition which it is required by law to report to <br /> public health authorities, then Contractor shall be entitled to disclose such <br /> portions of the aforesaid medical records as shall be necessary to complete such <br /> report. <br /> <br /> <br />