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• The Policy shall include,or be endorsed to include, property damage liability coverage for damage to,alteration of, loss of,or destruction of electronic data and/or information "property" of the Agency in the care,custody,or control of the Consultant. • If the Consultant maintains broader coverage and/or higher limits than the minimums shown above,the City requires and shall be entitled to the broader coverage and/or the higher limitsmaintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status. The City, its officers,officials,employees,and volunteers are to be covered as additionalinsureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials,parts, or equipment furnished inconnection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Please note,if there is an insured vs. insured exclusion on the Consultant's policy, carefully reviewwith the Consultant and their insurance carrier on whether being added as an additional insured onto the Consultant's policy removes your organization's ability to file suit against the Consultant anddraw upon the policy should final adjudication in a lawsuit state that the Consultant shall pay damages to your organization. Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respectsthe City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of theConsultant's insurance and shall not contribute with it. Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of saidConsultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may requirethe Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide,or be endorsed to provide, that the self-insured retention may be satisfied by either the namedinsured or City. Page 4 of 10