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APPENDIX 4
<br /> Hoopla ("Company")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, damages to
<br /> property(including computer equipment),theft,or other misuse of Customer's data, infringement of
<br /> intellectual property, invasion of privacy and breach of data,which may arise from or in connection with
<br /> the performance of the work hereunder by Company, its agents, representatives,or employees.
<br /> MINIMUM SCOPE AND LIMIT OF INSURANCE
<br /> Coverage shall be at least as broad as:
<br /> 1.Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an
<br /> "occurrence" basis, including products and completed operations, property damage, bodily injury and
<br /> personal& advertising Injury with limits no less than $1,000,000 per occurrence and $2,000,000 general j
<br /> aggregate.
<br /> 2. Cyber Liability(CL):Insurance,with limits not less than$2,000,000 per occurrence or claim and
<br /> $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is
<br /> undertaken by Company in this agreement and shall include, but not be limited to, claims involving
<br /> security breach,system failure,data recovery, business interruption, cyber extortion, social engineering,
<br /> infringement of intellectual property, including but not limited to infringement of copyright,trademark,
<br /> trade dress, 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 well as credit j
<br /> monitoring expenses.
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<br /> If Company maintains broader coverage and/or higher limits than the minimums shown above for any
<br /> line of coverage,Customer requires and shall be entitled to the broader coverage and/or the higher
<br /> limits maintained by Company.Any available insurance proceeds in excess of the specified minimum
<br /> limits of insurance and coverage shall be available to Customer.
<br /> Other Insurance Provisions
<br /> The above required insurance policies are to contain or be endorsed to contain the following provisions:
<br /> 1. City of Santa Ana,its City Council, its officers,officials,employees,agents, and volunteers are to be
<br /> covered as additional insureds, under Company's CGL policy,with respect to any liability arising out
<br /> of work or operations performed by or on behalf of the Company including materials, parts,
<br /> equipment,and personnel furnished in connection with such work or operations.
<br /> 2. Company's Insurance companies agree to waive all rights of subrogation against City of Santa Ana,
<br /> its City Council, its officers,officials,employees, agents, and volunteers for losses paid under the
<br /> terms of Company's CGL and WC policies which arise from work performed by Company under this
<br /> Agreement.
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