|
35.4 Cyber Liability Insurance, with limits not less than $2,000,000 per
<br />occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad
<br />to respond to the duties and obligations as is undertaken by Supplier in this
<br />agreement and shall include, but not be limited to, claims involving security
<br />breach, system failure, data recovery, business interruption, cyber extortion,
<br />social engineering, infringement of intellectual property, including but not limited
<br />to infringement of copyright, trademark, trade dress, invasion of privacy violations,
<br />information theft, damage to or destruction of electronic information, release of
<br />private information, and alteration of electronic information. The policy shall
<br />provide coverage for breach response costs, regulatory fines and penalties as
<br />well as credit monitoring expenses.
<br />
<br />35.5 Technology Professional Liability Errors and Omissions
<br />Insurance- appropriate to Supplier’s profession and work hereunder, with
<br />limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently
<br />broad to respond to the duties and obligations as is undertaken by the Supplier
<br />in this agreement and shall include, but not be limited to, claims involving
<br />security breach, system failure, data recovery, business interruption, cyber
<br />extortion, social engineering, infringement of intellectual property, including but
<br />not limited to infringement of copyright, trademark, trade dress, invasion of
<br />privacy violations, information theft, damage to or destruction of electronic
<br />information, release of private information, and alteration of electronic
<br />information. The policy shall provide coverage for breach response costs,
<br />regulatory fines and penalties as well as credit monitoring expenses.
<br />35.5.1 The Policy shall include, or be endorsed to include,
<br />property damage liability coverage for damage to, alteration of,
<br />loss of, or destruction of electronic data and/or information
<br />“property” of the Customer in the care, custody, or control of the
<br />Supplier. If not covered under the Supplier’s liability policy, such
<br />“property” coverage of the Customer may be endorsed onto the
<br />Supplier’s Cyber Liability Policy as covered property as follows:
<br />35.5.1.1 If the Supplier maintains broader coverage and/or
<br />higher limits than the minimums shown above, the Customer
<br />requires and shall be entitled to the broader coverage and/or the
<br />higher limits maintained by the Supplier. Any available insurance
<br />proceeds in excess of the specified minimum limits of insurance
<br />and coverage shall be available to Customer.
<br />
<br />35.6 The insurance policies are to contain, or be endorsed to contain, the following provisions:
<br />35.6.1 Additional Insured Status- The Customer, its officers, officials,
<br />employees, and volunteers are to be covered as additional insureds on the CGL
<br />policy with respect to liability arising out of work or operations performed by or on
<br />behalf of the Supplier including materials, parts, or equipment furnished in connection
<br />with such work or operations. General liability coverage can be provided in the form
<br />of an endorsement to the Supplier’s insurance (at least as broad as ISO Form CG 20
<br />10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms
<br />if later revisions used).
|