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damage to or destruction of electronic infonnation, and alteration of electronic
<br />information. The policy shall provide coverage for Consultant's failure to provide
<br />professional services and/or products under this Agreement. The Policy shall include, or
<br />be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data
<br />and/or information "property" of Customer in the care, custody, or control of Consultant.
<br />If Consultant maintains broader coverage and/or higher limits than the minimum requirements
<br />for each line of coverage shown above, City requires and shall be entitled to the broader
<br />coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in
<br />excess of the 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, its City Council, its officers, officials, employees, agents, and volunteers are to be
<br />covered as additional insureds, under Consultant's CGL and AL policies, with respect to
<br />any liability arising out of work or operations performed by or on behalf of the
<br />Consultant including materials, parts, equipment, and personnel furnished in connection
<br />with such work or operations.
<br />2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against
<br />City, its City Council, its officers, officials, employees, agents, and volunteers for losses
<br />paid under the terms of Consultant's CGL, AL, and WC policies which arise from work
<br />performed by Consultant under this Agreement.
<br />3. For any claims related to this contract, Consultant's insurance coverage shall be primary
<br />and any insurance maintained by City, its City Council, its officers, officials, employees,
<br />agents, or volunteers shall not contribute with it.
<br />4. A severability of interest provision must apply for all the additional insureds, ensuring
<br />that Consultant's insurance shall apply separately to each insured against whom a claim
<br />is made 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
<br />City. Ten (10) days prior written notice shall be provided to City for policy cancellation
<br />or non -renewal due to non-payment of premium.
<br />6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,
<br />Attention: (Luisa Mendoza, Acting Risk Manager), City of Santa Ana, Human
<br />Resources Agency, 20 Civic Center Plaza, P.O. Box 1988, M-24, Santa Ana, CA 92701.
<br />The name and location of project must be included in the Description of Operations
<br />section of each certificate.
<br />Self -Insured Retentions
<br />Self -insured retentions must be declared to and approved by the City. The City may require the
<br />Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses
<br />and related investigations, claim administration, and defense expenses within the retention.
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