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Company shall procure and maintain for the duration of the contract insurance against claims for security breaches,
<br /> system failures, injuries to persons, damages to software,and damages to property(including computer equipment),
<br /> theft,or other misuse of Customer's data, infringement of intellectual property,invasion of privacy and breach of data,
<br /> which may arise from or in connection with the performance of the work hereunder by Company, its agents,
<br /> 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"occurrence"basis,
<br /> including products and completed 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 /> 2.Cyber Liability(CL):Insurance,with limits not less than$2,000,000 per occurrence or claim and$2,000,000 aggregate.
<br /> Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Company in this
<br /> agreement and shall include, but not be limited to,claims involving security breach,system failure,data recovery,
<br /> business interruption,cyber extortion,social engineering,Infringement of intellectual property, including but not limited
<br /> to infringement of copyright,trademark,trade dress,invasion of privacy violations,information theft,and release of
<br /> private information.The policy shall provide coverage for breach response costs, regulatory fines and penalties as well
<br /> as credit monitoring expenses.
<br /> 3.Technology Professional Liability Errors and Omissions Insurance(E&O):appropriate to the Company's profession
<br /> and work hereunder,with limits not less than$1,000,000 per occurrence and$2,000,000 aggregate.Coverage shall be
<br /> sufficiently broad to respond to the duties and obligations as is undertaken by the Company in this agreement and shall
<br /> include,but not be limited to,claims involving business interruption,damage to or destruction of electronic information,
<br /> and alteration of electronic information.The policy shall provide coverage for Company's failure to provide professional
<br /> services and/or products under this Agreement. The Policy shall include,or be endorsed to include,damage to,
<br /> alteration of,loss of,or destruction of electronic data and/or information "property"of Customer in the care,custody,
<br /> or control of Company.
<br /> 4,Workers'Compensation(WC):As required by the State of California,with statutory limits,and Employer's Liability
<br /> insurance with limits of no less than$1,000,000 per accident, policy,employee,for bodily injury or disease.
<br /> If Company maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage,
<br /> Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Company.Any
<br /> available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
<br /> 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 covered as
<br /> additional insureds,under Company's CGL policy,with respect to any liability arising out of work or operations
<br /> performed by or on behalf of the Company including materials,parts, equipment,and personnel furnished in
<br /> connection with such work or operations.
<br /> 2. Company's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council,
<br /> its officers,officials,employees, agents, and volunteers for losses paid under the terms of the Company's CGL,CL,
<br /> and WC policies which arise from work performed by Company under this Agreement.
<br /> DocAccess Service Proposal for City of Santa Ana,CA Page 13 of 15
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