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BEAN SPROUTS, LLC (2)
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Last modified
2/11/2021 3:47:12 PM
Creation date
2/4/2021 5:20:57 PM
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Contracts
Company Name
BEAN SPROUTS, LLC
Contract #
A-2018-113-01
Agency
Parks, Recreation, & Community Services
Council Approval Date
5/1/2018
Expiration Date
9/17/2023
Insurance Exp Date
7/3/2021
Destruction Year
2028
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DATA BREACH COVERAGE - DEFENSE AND LIABILITY <br />shall reimburse us for that part of the <br />4. If, during the "policy period", you become <br />deductible amount you owe within sixty (60) <br />aware of any "data breach" that may lead to a <br />days. We will be entitled to recover reasonable <br />"data breach claim" and if written notice of <br />attorney's fees and other costs incurred in <br />such "data breach" is provided to us during the <br />collecting the deductible amount you owe. <br />"policy period", then any "data breach claims" <br />5. <br />The limit of liability will not be reduced by the <br />arising from that "data breach" shall be <br />amount of any "loss" within the deductible <br />deemed to be a "data breach claim" first made <br />amount unless (but only to the extent that) <br />during the "policy period", on the date when <br />such "loss" has been paid by us and not <br />we receive such notice, provided that the <br />reimbursed by you. <br />notice to us contains all of the following <br />information: <br />6. <br />If you agree with a request we make to submit <br />a "data breach claim" made against you to <br />a. The method of "data breach"; <br />mediation or binding arbitration under the <br />b. The approximate date and time of the <br />terms and conditions we specify, and the "data <br />"data breach"; <br />breach claim" is resolved through such <br />c. The approximate number of files <br />mediation or binding arbitration, then we will <br />compromised as a result of the "data <br />reduce the deductible amount stated in the <br />breach"; <br />Coverage Part Declarations by fifty percent <br />(50%). While the right to submit a "data breach <br />d. A detailed description the type and <br />claim" to mediation or binding arbitration shall <br />nature of the information <br />ion that was <br />be ours, no "data breach claim" shall be <br />compromised; <br />submitted to mediation or binding arbitration <br />e. Whether or not the information was <br />under this paragraph without your prior written <br />encrypted, and, if so, the level of <br />consent. In the case of such resolution <br />encryption; <br />through mediation or binding arbitration, the <br />f. Whether or not law enforcement has been <br />maximum dollar amount by which the <br />notified; <br />deductible will be reduced under this <br />paragraph is $10,000. <br />g. If available, the place of domicile for all <br />persons whose "personally identifiable <br />C. NOTICE OF CLAIM <br />information" was the subject of a "data <br />1. <br />As a condition precedent to coverage, the <br />breach"; <br />Insured(s) shall provide us with notice of any <br />h. If available, who received the information <br />"data breach claim" within 30 days after you <br />contained in the "data breach". <br />receive notice of the claim, and in no event <br />later than 30 days after the "policy period". <br />D. YOUR DUTIES WITH RESPECT TO "DATA <br />BREACH CLAIMS" <br />2. <br />All "data breach claims" arising from the same <br />"data breach" shall be considered as one "data <br />1. You must cooperate with us in the <br />breach claim", first made on the earliest date <br />investigation, settlement or defense of the <br />that: <br />"data breach claim", and assist us, upon our <br />request in the enforcement of any right of <br />a. any such "data breach claim" was first <br />recovery regarding any payment of "loss" <br />made, whether such date is before or <br />under this Coverage Part. You shall execute <br />during the "policy period"; <br />any and all papers required, and do everything <br />b. notice of the "data breach" was provided <br />necessary to secure and preserve such rights, <br />to us pursuant to section C. 4., below; or, <br />including the execution of any documents <br />c. notice of the "data breach" was provided <br />needed to enable us to bring suit in your <br />pursuant to any other insurance policy. <br />name. You shall do nothing to prejudice our <br />position or any potential or actual rights ofrecovery. <br />3. <br />All "data breach(es)" that occur at the same <br />time, or are caused by the same act, error, <br />omission, defect or deficiency, or series of <br />2. You may not, except at your own cost, <br />related acts, errors, omissions, defects or <br />voluntarily make a payment, assume any <br />deficiencies, shall be considered to be a single <br />obligation, or incur any expense without our <br />"data breach", regardless of the number of <br />prior written consent. <br />claimants, or the number of entities that <br />3. You must take all reasonable steps to protect <br />obtained access to the "personally identifiable <br />"personally identifiable information" remaining <br />information" involved in the breach. <br />in your care, custody or control. <br />y <br />e cF ILLi3RMwag'm2dDMsiOR <br />Jy/ 1°x REVIEWED & APPROVED BY.- <br />Pp <br />Page 2 Of 5 <br />Rusk janagement Analpt <br />
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