Kajeet / City of Santa Ana -- Exhibit B
<br />Insurance Requirements
<br />Kajeet shall procure and maintain for the duration of the contract insurance against claims for security
<br />breaches, system failures, injuries to persons, damages to software, damages to property (including
<br />computer equipment), theft, or other misuse of Customer's data, infringement of intellectual property,
<br />invasion of privacy and breach of data, which may arise from or in connection with the performance of
<br />the work hereunder by Kajeet, its agents, representatives, or employees.
<br />A. 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
<br />aggregate.
<br />2. Workers' Compensation as required by the State of California, with statutory limits, and Employer's
<br />Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury
<br />or disease.
<br />If Kajeet maintains broader coverage and/or higher limits than the minimums shown above for any line of
<br />coverage, Customer requires and shall be entitled to the broader coverage and/or the higher limits
<br />maintained by Kajeet. Any available insurance proceeds in excess of the specified minimum limits of
<br />insurance and coverage shall be available to Customer.
<br />B. 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 Kajeet's CGL policy, with respect to any liability arising out of
<br />work or operations performed by or on behalf of the Kajeet including materials, parts, equipment,
<br />and personnel furnished in connection with such work or operations.
<br />2. Kajeet's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its
<br />City Council, its officers, officials, employees, agents, and volunteers for losses paid underthe terms
<br />of any policy which arise from work performed by Kajeet under this Agreement.
<br />3. For any claims related to this contract, Kajeet's insurance coverage shall be primary and any insurance
<br />maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers
<br />shall not contribute with it.
<br />4. A severability of interest provision must apply for all the additional insureds, ensuring that Kajeet's
<br />Insurance shall apply separately to each insured against whom a claim is made or suit is brought,
<br />except with respect to the insurer's limits of liability,
<br />5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended,
<br />voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except
<br />after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice
<br />shall be provided to City for policy cancellation or non -renewal due to non-payment of premium.
<br />
|