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MINIMUM SCOPE AND LIMIT OF INSURANCE
<br />Coverage shall be at least as broad as:
<br />Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim
<br />and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties
<br />and obligations as is undertaken by Consultant in this agreement and shall include, but
<br />not be limited to, claims involving security breach, system failure, data recovery,
<br />business interruption, cyber extortion, social engineering, infringement of intellectual
<br />property, including but not limited to infringement of copyright, trademark, trade dress,
<br />invasion of privacy violations, information theft, and release of private information. The
<br />policy shall provide coverage for breach response costs, regulatory fines and penalties as
<br />well as credit monitoring expenses.
<br />If Consultant maintains broader coverage and/or higher limits than the minimums shown above
<br />for any line of coverage, City requires and shall be entitled to the broader coverage and/or the
<br />higher limits maintained by Consultant. Any available insurance proceeds in excess of the
<br />specified minimum limits of insurance and coverage shall be available to City.
<br />Other Insurance Provisions
<br />The above required insurance policies are to contain or be endorsed to contain the following
<br />provisions:
<br />1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers
<br />are to be covered as additional insureds, under Consultant's CGL, AL and E&O policies,
<br />with respect to any liability arising out of work or operations performed by or on behalf of
<br />the Consultant including materials, parts, equipment, and personnel furnished in connection
<br />with such work or operations.
<br />2. Consultant's Insurance companies agree to waive all rights of subrogation against City of
<br />Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for
<br />losses paid under the terms of any policy which arise from work performed by Consultant
<br />under this Agreement.
<br />3. For any claims related to this contract, Consultant's insurance coverage shall be primary and
<br />any insurance maintained by City of Santa Ana, its City Council, its officers, officials,
<br />employees, agents, or volunteers shall not contribute with it.
<br />4. A severability of interest provision must apply for all the additional insureds, ensuring that
<br />Consultant's insurance shall apply separately to each insured against whom a claim is made
<br />or suit is brought, except with respect to the insurer's limits of liability.
<br />5. Insurance policies required herein shall provide that coverage shall not be canceled,
<br />suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or
<br />materially changed except after thirty (30) days prior written notice has been given to City.
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