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ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com <br /> <br /> <br /> <br />Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, <br />Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The <br />arbitration shall take place in San Francisco, California, in the English language and the <br />arbitral decision may be enforced in any court. The prevailing party in any action or <br />proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If <br />any part of this Agreement is held invalid or unenforceable, that part will be construed <br />to reflect the parties’ original intent, and the remaining portions will remain in full <br />force and effect. A waiver by either party of any term or condition of this Agreement <br />or any breach thereof, in any one instance, will not waive such term or condition or any <br />subsequent breach thereof. You may assign your rights under this Agreement to any <br />party that consents to, and agrees to be bound by, its terms and conditions; ProudCity <br />may assign its rights under this Agreement without condition. This Agreement will be <br />binding upon and will inure to the benefit of the parties, their successors and <br />permitted assigns. <br /> <br />14. Insurance. <br />1. 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, <br />and damages to property (including computer equipment), theft, or other misuse of City’s <br />data, infringement of intellectual property, invasion of privacy, and breach of data, which <br />may arise from or in connection with the performance of the work hereunder by <br />Consultant, its agents, representatives, or employees. <br />A. Coverage shall be at least as broad as: <br /> <br />1. 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 than <br />$1,000,000 per occurrence and $2,000,000 general aggregate. <br /> <br />2. Workers’ Compensation insurance as required by the State of California, with <br />StatutoryLimits, and Employer’s Liability Insurance with limit of no less than $1,000,000 <br />per accident, policy, employee, for bodily injury or disease.