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any way in its use of the Documents and Data at any time, provided that any such use not within
<br />the purposes intended by this Agreement shall be at City's sole risk.
<br />7. INSURANCE
<br />Consultant 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, and
<br />damages to property (including computer equipment), theft, or other misuse of City's data,
<br />infringement of intellectual property, invasion of privacy and breach of data, which may arise from
<br />or in connection with the performance of the work hereunder by Consultant, its agents,
<br />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 operations,
<br />property damage, bodily injury and personal & advertising injury with limits no less
<br />than $1,000,000 per occurrence and $2,000,000 general aggregate.
<br />• Technology Professional Liability Errors and Omissions Insurance (E&O):
<br />appropriate to the Consultant's profession and work hereunder, with limits not less than
<br />$1,000,000 per occurrence and $1,000,000 aggregate. Coverage shall be sufficiently
<br />broad to respond to the duties and obligations as is undertaken by the Consultant in this
<br />agreement and shall include, but not be limited to, claims involving business
<br />interruption, damage to or destruction of electronic information, and alteration of
<br />electronic information. The policy shall provide coverage for Consultant's failure to
<br />provide professional services and/or products under this Agreement. The Policy shall
<br />include, or be endorsed to include, damage to, alteration of, loss of, or destruction of
<br />electronic data and/or information "property" of City in the care, custody, or control of
<br />Consultant.
<br />• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code
<br />1 (any auto, with limits no less than $1,000,000 combined single limits.
<br />• Workers' Compensation (W/C): 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 per
<br />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 broader
<br />coverage and/or the higher limits maintained by Consultant. Any available insurance
<br />proceeds in excess of the specified minimum limits of insurance and coverage shall be
<br />available to City.
<br />Other Insurance Provisions. The above required insurance policies are to contain or be
<br />endorsed to contain the following provisions:
<br />• City of Santa Ana, its City Council, its officers, officials, employees, agents, and
<br />volunteers are to be covered as additional insureds, under Consultant's CGL, and E&O
<br />policies, with respect to any liability arising out of work or operations performed by or
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