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caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant <br /> shall require all subcontractors to agree in writing that City is granted a non-exclusive and <br /> perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br /> Consultant represents and warrants that Consultant has the legal right to license any and all <br /> Documents & Data. Consultant snakes no such representation and warranty in regard to <br /> 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. For the avoidance of doubt, <br /> Consultant does not own City data. <br /> 6. 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, damages to <br /> property(including computer equipment),theft, or other misuse of Customer's data, infringement <br /> of intellectual property, invasion of privacy and breach of data, which may arise from or in <br /> connection with the performance of the work hereunder by Consultant, its agents, representatives, <br /> or employees. <br /> 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 <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 /> 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 <br /> (any auto,with limits no less than$1,000,000 combined single limits. <br /> 3. Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim <br /> and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties <br /> and obligations as is undertaken by Consultant in this agreement and shall include,but not <br /> be limited to, claims involving security breach, system failure, data recovery, business <br /> interruption, cyber extortion, social engineering, infringement of intellectual property, <br /> including but not limited to infringement of copyright, trademark, trade dress, invasion of <br /> privacy violations, information theft, and release of private information. The policy shall <br /> provide coverage for breach response costs,regulatory fines and penalties as well as credit <br /> monitoring expenses. <br /> 4. Technology ProfessionaI Liability Errors and Omissions Insurance (E&O): <br /> appropriate to the Consultant's profession and work hereunder, with limits not less than <br /> $2,000,000 per occurrence and$2,000,000 aggregate. Coverage shall be sufficiently broad <br /> to respond to the duties and obligations as is undertaken by the Consultant in this agreement <br /> and shall include, but not be limited to, claims involving business interruption, damage to <br /> or destruction of electronic information, and alteration of electronic information. The <br /> Page 3 of 11 <br /> #2072041v1 <br />