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B. Business Automobile Liability Insurance. TASER shall maintain business automobile liability insurance or a similar form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such Insurance shall include coverage for owned, hired and non -awned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, TASER is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, TASER agrees to obtain and maintain any employer's liability Insurance with limits not less than One Million Dollars ($1,000,000) per accident, D. The following requirements apply to the insurance to be provided by TASER pursuant to this section: 1. TASER shall maintain all Insurance required above in full force and effect for the entire period covered by this agreement. Z. Certificates of insurance shall be furnished to the Agency upon execution of this contract and shall be approved in form by the Agency's Attorney. 3. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 4, If TASER falls or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the Agency with required proof that insurance has been procured and is in force and paid for, the Agency shall have the right, at the Agency's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to Indemnify the Agency for any work performed prior to approval of insurance by the Agency. 13 Indemnification. TASER will Indemnify and defend the Agency Indemnitees (the Agency's officers, directors, and employees) from and against all claims, demands, losses, liabilities, reasonable costs and expenses arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct of TASER under or related to this Agreement, except in the case of negligent acts, omissions or willful misconduct of the Agency or claims that fall under Workers Compensation coverage. 14 IP gsahts. TASER owns and reserves all right, title, and interest in the TASER Products and related software, as well as any suggestions made to TASER, 1s IP jUdgmnification. TASER will defend, indemnify, and hold the Agency Indemnitees harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third -party claim alleging that use of TASER Products or Services as permitted under this Agreement Infringes or misappropriates the Intellectual property rights of a third party. The Agency must provide TASER with reasonable written notice of such a claim, tender to us the defense or settlement of such a claim at our expense, and cooperate fully with us in the defense or settlement of such a claim. TASER has no liability to the Agency or any third party If any alleged infringement or claim of Infringement is to any extent based upon: (a) any modification of the Evidence.com Services by the Agency or any third party not approved by TASER; (b) use of the Evidence.com Services in connection or in combination with equipment, devices, or services not approved --------- .— .. —_ -- — ._—...._._.—..— Title: Evidence.com Master Service Agreement with Exhibits Page 8 of 27 Department: Legal Version: 11.0 Release Date: 7/31/2015 25F -12