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Addendum#9
<br /> Insurance to Be Provided by Trimble
<br /> Trimble(hereinafter"Company")shall procure and maintain for the duration of the contract insurance against claims for
<br /> security 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 and breach of
<br /> data,which may arise from or in connection with the performance of the work hereunder by Company,its agents,
<br /> representatives,or employees.
<br /> MINIMUM SCOPE AND LIMIT OF INSURANCE
<br /> Coverage shall be at least as broad as:
<br /> 1.Cyber Liability: Insurance,with limits not less than$2,000,000 per occurrence or claim and$2,000,000 aggregate. Coverage
<br /> shall be sufficiently broad to respond to the duties and obligations as is undertaken by Company in this agreement and shall
<br /> include, but not be limited to,claims involving security breach,system failure,data recovery,business interruption, cyber
<br /> extortion,social engineering,infringement of intellectual property,including but not limited to infringement of copyright,
<br /> trademark,trade dress,invasion of 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 monitoring expenses.Above
<br /> coverage(s) may be combined with Technology Errors and Omissions in a combined Media Tech policy.
<br /> 2.Technology Professional Liability Errors and Omissions Insurance(E&O):appropriate to the Consultant's profession and
<br /> work hereunder,with limits not less than$2,000,000 per occurrence and$2,000,000 aggregate.Coverage shall be sufficiently
<br /> broad to respond to the duties and obligations as is undertaken by the Company in this agreement and shall include, but not be
<br /> limited to,claims involving business interruption,damage to or destruction of electronic information,and alteration of
<br /> electronic information.The policy shall provide coverage for Company's failure to provide professional services and/or products
<br /> under this Agreement.The Policy shall include,or be endorsed to include,damage to,alteration of, loss of,or destruction of
<br /> electronic data and/or information"property"of Customer in the care,custody,or control of Company.Above coverage(s) may
<br /> be combined with Cyber Liability in a combined Media Tech policy.
<br /> 3.Workers'Compensation as required by the State of California,with statutory limits,and Employer's Liability insurance with
<br /> limits of no less than$1,000,000 per accident, policy,employee,for bodily injury or disease.
<br /> If Company maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage,
<br /> Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Company.Any available
<br /> insurance proceeds in excess of the specified minimum limits of insurance and coverage 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, agents,and volunteers are to be covered as
<br /> additional insureds, under Company's CGL,AL,with respect to any liability arising out of work or operations
<br /> performed by or on behalf of the Company including materials, parts,equipment,and personnel furnished in
<br /> connection with such work or operations.
<br /> 2. Company'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 Company under this Agreement.
<br /> 3. For any claims related to this contract,Company'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 shall not
<br /> contribute with it.
<br /> 4. A severability of interest provision must apply for all the additional insureds,ensuring that Company's insurance
<br /> shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the
<br /> insurer's limits of liability.
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