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drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or
<br /> caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
<br /> shall require all subcontractors to agree in writing that City is granted a non-exclusive and
<br /> perpetual license for any Documents & Data the subcontractors prepares under this Agreement.
<br /> Consultant represents and warrants that Consultant has the legal right to license any and all
<br /> Documents & Data. Consultant makes no such representation and warranty in regard to
<br /> Documents & Data which were provided to Consultant by the City. City shall not be limited in
<br /> any way in its use of the Documents and Data at any time,provided that any such use not within
<br /> the purposes intended by this Agreement shall be at City's sole risk.
<br /> 7. INSURANCE
<br /> Consultant shall procure and maintain for the duration of the contract insurance against
<br /> claims for security breaches, system failures, injuries to persons, damages to software, or damages
<br /> to property (including computer equipment) which may arise from or in connection with the
<br /> performance of the work hereunder by the Consultant, its agents, representatives, or employees.
<br /> Consultant shall procure and maintain for the duration of the contract insurance claims arising out
<br /> of their services and including, but not limited to loss, damage, theft or other misuse of data,
<br /> infringement of intellectual property, invasion of privacy and breach of data.
<br /> Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
<br /> • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
<br /> covering CGL on an "occurrence"basis, including products and completed operations,
<br /> property damage, bodily injury and personal & advertising injury with limits no less
<br /> than $2,000,000 per occurrence. If a general aggregate limit applies, either the general
<br /> aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04)
<br /> or the general aggregate limit shall be twice the required occurrence limit.
<br /> • Automobile Liability: Insurance Services Office Form Number CA 0001 covering,
<br /> Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-
<br /> owned), with limit no less than $1,000,000 per accident for bodily injury and property
<br /> damage.
<br /> • Workers' Compensation insurance as required by the State of California,withStatutory
<br /> Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per
<br /> accident for bodily injury or disease.
<br /> • Technology Professional Liability Errors & Omissions. Insurance appropriate to the
<br /> Consultant's profession and work hereunder, with limits not less than $1,000,000
<br /> per occurrence and$2,000,000 aggregate. Coverage shall be sufficiently broad to
<br /> respond to the duties and obligations as is undertaken by the Consultant 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, social
<br /> engineering, infringement of intellectual property,including but not limited to
<br /> infringement of copyright,trademark,trade dress, invasion of privacy violations,
<br /> information theft,damage to or destruction of electronic information, release of
<br /> privateinformation, and alteration of electronic information. The policy shall
<br /> provide coverage for breach response costs, regulatory fines and penalties as well
<br /> as credit monitoring expenses.
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