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CP CIVICPLUS-
<br /> 25. CivicPlus may offer Customer the ability to use third-party applications in combination with the Services.Any such
<br /> third-party application will be subject to acceptance by Customer. In connection with any such third-party application
<br /> agreed to by Customer, Customer acknowledges and agrees that CivicPlus may allow the third-party providers access to
<br /> Customer Data as required for the interoperation of such third-party application with the Services.The use of a third-party
<br /> application with the Services may also require Customer to agree to a separate agreement or terms and conditions with the
<br /> provider of the third-party application,which will govern Customer's use of such third-party application.
<br /> 26. In the event of a security breach due to the sole negligence,malicious actions,omissions,or misconduct of CivicPlus,
<br /> CivicPlus,as the data custodian,will comply will all remediation efforts as required by applicable federal and state law.
<br /> Insurance Requirements
<br /> CivicPlus 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, and damages to property(including computer
<br /> equipment),theft, or other misuse of Customer's data,infringement of intellectual property, invasion of privacy
<br /> and breach of data, which may arise from or in connection with the performance of the work hereunder by
<br /> CivicPlus, its agents, representatives, or employees.
<br /> MINIMUM SCOPE AND LIMIT OF INSURANCE
<br /> Coverage shall be at least as broad as:
<br /> 1. Technology Professional Liability Errors and Omissions Insurance(E&O): appropriate to the Consultant's
<br /> profession and work hereunder, with limits not less than$1,000,000 per occurrence and$2,000,000 aggregate.
<br /> Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the CivicPlus in
<br /> this agreement and shall include, but not be limited to,claims involving business interruption, damage to or
<br /> destruction of electronic information, and alteration of electronic information.The policy shall provide coverage
<br /> for CivicPlus's failure to 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 electronic data and/or
<br /> information"property"of Customer in the care, custody, or control of CivicPlus.
<br /> 2.Workers' Compensation as required by the State of California, with statutory limits,and Employer's Liability
<br /> insurance with limits of no less than$1,000,000 per accident, policy, employee,for bodily injury or disease.
<br /> If CivicPlus 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 maintained by
<br /> CivicPlus.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage
<br /> shall be available to Customer.
<br /> 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, and agents, are to be added as additional
<br /> insureds, under CivicPlus's E&O policy, with respect to any liability arising out of work or operations
<br /> performed by or on behalf of the CivicPlus including materials, parts,equipment, and personnel furnished in
<br /> connection with such work or operations.
<br /> 2. CivicPlus's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City
<br /> Council, its officers,officials, employees, agents, and volunteers for losses paid under the terms of any policy
<br /> which arise from work performed by CivicPlus under this Agreement,
<br /> civicplus.com 1 302 South 41'Street, Suite 500 1 Manhattan, KS 66502 1 888-228-2233
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