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Documents & Data which were provided to Consultant by the City. City shall not be limited in
<br />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 />• Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or
<br />claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the
<br />duties and obligations as is undertaken by Consultant in this agreement and shall
<br />include, but not be limited to, claims involving security breach, system failure, data
<br />recovery, business interruption, cyber extortion, social engineering, infringement of
<br />intellectual property, including but not limited to infringement of copyright, trademark,
<br />trade dress, invasion of privacy violations, information theft, and release of private
<br />information. The policy shall provide coverage for breach response costs, regulatory
<br />fines and penalties as well as credit monitoring expenses.
<br />• Workers' Compensation as required by the State of California, with statutory limits,
<br />and Employer's Liability insurance with limits of no less than $1,000,000 per accident,
<br />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 Cyber
<br />Liability policies, with respect to any liability arising out of work or operations
<br />performed by or on behalf of the Consultant including materials, parts, equipment, and
<br />personnel furnished in connection with such work or operations.
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