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QUESTICA SOFTWARE LTD.
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Last modified
8/20/2024 12:41:49 PM
Creation date
1/19/2023 2:16:54 PM
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Contracts
Company Name
QUESTICA SOFTWARE LTD.
Contract #
A-2022-250
Agency
Finance & Management Services
Council Approval Date
12/20/2022
Expiration Date
1/15/2026
Insurance Exp Date
4/11/2025
Destruction Year
2031
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liability coverage can be provided in the form of an endorsement to the Consultant's <br />insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG <br />20 33, or CG 20 38; and CG 20 37 forms if later revisions used).Please note, if there is an <br />insured vs. insured exclusion on the Questica's policy, carefully review with Questica and <br />their insurance carrier on whether being added as an additional insured onto Questica's <br />policy removes the Licensee's ability to file suit against Questica and draw upon the policy <br />should final adjudication in a lawsuit state that Questica shall pay damages to the <br />Licensee. <br />26.2.2. Primary Coverage- For any claims related to this contract, the Questica's insurance <br />coverage shall be primary, with the exception of the Cyber/Errors and Omissions <br />coverage. Coverage for commercial liability shall be at least as broad as ISO CG 20 0104 <br />13 as respects the Licensee, its officers, officials, employees, and volunteers. Any <br />insurance or self-insurance maintained by the Licensee, its officers, officials, employees, <br />or volunteers shall be excess of Questica's insurance and shall not contribute with it. <br />26.2.3. Notice of Cancellation- Questica shall provide notice of cancellation to Licensee upon <br />receipt from its insurer(s). <br />26.2.4. Waiver of Subrogation- Questica hereby grants to Licensee a waiver of any right to <br />subrogation which any insurer of Questica may acquire against the Licensee by virtue of <br />the payment of any loss under such insurance. Questica agrees to obtain any <br />endorsement that may be necessary to affect this waiver of subrogation, but this <br />provision applies regardless of whether or not the Licensee has received a waiver of <br />subrogation endorsement from the insurer. <br />26.2.5. Self -insured Retentions- Self -insured retentions must be declared to and approved by the <br />Licensee. The Licensee may require Questica to provide proof of ability to pay losses and <br />related investigations, claim administration, and defense expenses within the retention. <br />The policy language shall provide, or be endorsed to provide, that the self -insured <br />retention may be satisfied by either the named insured or Licensee. <br />26.2.6. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct <br />business in the state with a current A.M. Best's rating of no less than A-VII, unless <br />otherwise acceptable to the Licensee. <br />26.2.7. Claims Made Policies- If any of the required policies provide coverage on a claims -made <br />basis: <br />26.2.7.1. The retroactive date must be shown and must be before the date of the contract <br />or the beginning of contract work. <br />26.2.7.2. Insurance must be maintained and evidence of insurance must be provided for at <br />least (5) years after completion of the contract of work. <br />26.2.7.3. If coverage is canceled or non -renewed, and not replaced with another claims - <br />made policy form with a retroactive date prior to the contract effective date, Questica <br />must purchase "extended reporting" coverage for a minimum of five (5) years after <br />completion of contract work. <br />26.2.8. Verification of Coverage- Questica shall furnish the Licensee with original Certificates of <br />Insurance including all required amendatory endorsements (or copies of the applicable <br />policy language effecting coverage required by this clause). However, failure to obtain the <br />required documents prior to the work beginning shall not waive the Questica's obligation <br />to provide them. The Licensee reserves the right to require complete, certified copies of <br />all required endorsements required by these specifications, at any time. <br />9 1 P a g e <br />
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