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<br />Consulting Services Agreement between City of San Leandro and Last revised 06/12/2019 <br />Trafficware for ATMS Upgrade and Maintenance Page 6 of 15 <br /> <br /> <br />4.3 Errors and Omissions Insurance. <br /> <br />4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain <br />for the period covered by this Agreement errors and omissions liability insurance <br />for performing work pursuant to this Agreement in an amount not less than <br />$1,000,000.00 covering the licensed professionals’ errors and omissions. Any <br />deductible or self-insured retention shall not exceed $150,000 per claim. <br /> <br />4.3.2 Claims-Made Limitations. The following provisions shall apply if the errors and <br />omissions liability coverage is written on a claims-made form: <br /> <br />a. The retroactive date of the policy must be shown and must be before the <br />date of the Agreement. <br /> <br />b. Insurance must be maintained and evidence of insurance must be <br />provided for at least 5 years after completion of the Agreement or the <br />work, so long as commercially available at reasonable rates. <br /> <br />c. If coverage is canceled or not renewed and it is not replaced with another <br />claims-made policy form with a retroactive date that precedes the date of <br />this Agreement, Consultant shall purchase an extended period coverage <br />for a minimum of 5 years after completion of work under this Agreement. <br /> <br />d. A copy of the claim reporting requirements must be submitted to the City <br />for review prior to the commencement of any work under this Agreement. <br /> <br /> <br />4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall <br />submit the Certificate of Liability Insurance in the amounts specified in the section. <br /> <br />4.4 Cyber Liability Insurance. <br /> <br /> 4.4.1 General Requirements. Consultant, at its own cost and expense, shall maintain <br />cyber liability insurance for the term of this Agreement in an amount not less than <br />$1,000,000.00 per occurrence / aggregate. Coverage shall be sufficiently broad to <br />respond to the duties and obligations as is undertaken by Consultant in this Agreement <br />and shall include, but not be limited to, claims involving infringement of intellectual <br />property, including but not limited to infringement of copyright, trademark, trade dress, <br />invasion of privacy violations, information theft, damage to or destruction of electronic <br />information, release of private information, alteration of electronic information, extortion <br />and network security. The policy shall provide coverage for liabilities for financial loss <br />resulting or arising from acts, errors, or omissions, in rendering technology services: <br />84