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SaaS Services and data derived from it, that is used by 120Water, including to compile statistical
<br /> and performance information related to the provision of the Services and operation of the 120Water
<br /> Platform. Consultant shall own all right,title and interest,including all intellectual property rights,
<br /> in and to Consultant's proprietary online hosted software platform, website, operating systems,
<br /> hardware, and other technical resources used by Consultant to provide the Services (which
<br /> Services include developing, training, testing, correcting, and improving the platform, such
<br /> activities for which may include the use of the City's data), and all new programs, upgrades,
<br /> modifications, or enhancements the foregoing developed by Consultant in connection with
<br /> rendering the Services to the City. Consultant shall own all right, title, and interest in and to all
<br /> Usage Data. This Agreement creates a non-exclusive and perpetual license for City to copy, use,
<br /> modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
<br /> embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
<br /> authorship fixed in any tangible medium of expression, including but not limited to, physical
<br /> drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
<br /> by Consultant and delivered to City under this Agreement("Documents&Data").Consultant shall
<br /> require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual
<br /> license for any Documents &Data the subcontractor prepares under this Agreement. Consultant
<br /> represents and warrants that Consultant has the legal right to license any and all Documents &
<br /> Data.Consultant makes no such representation and warranty in regard to Documents&Data which
<br /> were provided to Consultant by the City. City shall not be limited in any way in its use of the
<br /> Documents and Data at any time, provided that any such use not within the purposes intended by
<br /> this Agreement shall be at City's sole risk.
<br /> 7. INSURANCE
<br /> Consultant shall procure and maintain for the duration of the Agreement insurance as set
<br /> forth below which may arise from or in connection with the performance of the work hereunder
<br /> by Consultant, its agents,representatives, or employees.
<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
<br /> operations,property damage, bodily injury and personal & advertising injury with
<br /> limits no less than $1,000,000 per occurrence and$2,000,000 general aggregate.
<br /> • Cyber Liability: Insurance, with limits not less than$1,000,000 per occurrence or
<br /> claim and $1,000,000 aggregate. Coverage shall be for claims involving security
<br /> breach, system failure, data recovery, business interruption, and cyber extortion.
<br /> Coverage for claims involving social engineering shall have a limit not less than
<br /> $250,000. The policy shall provide coverage for breach response costs,regulatory
<br /> fines and penalties as well as credit monitoring expenses.
<br /> • Workers' Compensation as required by the State of California, with statutory
<br /> limits, and Employer's Liability insurance with limits of no less than $1,000,000
<br /> per accident, policy, employee, for bodily injury or disease.
<br /> • If Consultant maintains broader coverage and/or higher limits than the minimums
<br /> shown above for any line of coverage, City requires and shall be entitled to the
<br /> broader coverage and/or the higher limits maintained by Consultant. Any available
<br /> insurance proceeds in excess of the specified minimum limits of insurance and
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