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breach, system failure, data recovery, business interruption, cyber extortion, social engineering, <br />infringement of intellectual property, including but not limited to infringement of copyright, <br />trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction <br />of electronic information, release of private information, and alteration of electronic information. <br />The policy shall provide coverage for breach response costs, regulatory fines and penalties as well <br />as credit monitoring expenses. <br />a. The Policy shall include, or be endorsed to include, property damage liability coverage for <br />damage to, alteration of, loss of, or destruction of electronic data and/or information <br />"property" of the Agency in the care, custody, or control of the Vendor. If not covered <br />under the Vendor's liability policy, such "property" coverage of the Agency may be <br />endorsed onto the Vendor's Cyber Liability Policy as covered property as follows: <br />If the Vendor maintains broader coverage and/or higher limits than the minimums shown <br />above, the Entity requires and shall be entitled to the broader coverage and/or the higher <br />limits maintained by the contractor. Any available insurance proceeds in excess of the <br />specified minimum limits of insurance and coverage shall be available to the Entity. <br />Other Insurance Provisions <br />The insurance policies are to contain, or be endorsed to contain, the following provisions: <br />Additional Insured Status <br />The Entity, its officers, officials, employees, and volunteers are to be covered as additional <br />insureds on the CGL policy with respect to liability arising out of work or operations performed <br />by or on behalf of the Vendor including materials, parts, or equipment furnished in connection <br />with such work or operations. General liability coverage can be provided in the form of an <br />endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both <br />CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). <br />Primary Coverage <br />For any claims related to this contract, the Vendor's insurance coverage shall be primary. Coverage <br />for commercial liability shall be at least as broad as ISO CG 20 0104 13 as respects the Entity, its <br />officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the <br />Entity, its officers, officials, employees, or volunteers shall be excess of the Vendor's insurance <br />and shall not contribute with it. <br />Notice of Cancellation <br />Each insurance policy required above shall state that coverage shall not be canceled, except with <br />notice to the Entity. <br />Waiver of Subrogation <br />Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said <br />Vendor may acquire against the Entity by virtue of the payment of any loss under such insurance. <br />Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of <br />subrogation, but this provision applies regardless of whether or not the Entity has received a waiver <br />of subrogation endorsement from the insurer. <br />