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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 7 of 15 <br /> Violation or infringement of any right of privacy, including breach of <br />security and breach of security/privacy laws, rules or regulations globally, <br />now or hereinafter constituted or amended; <br /> Data theft, damage, unauthorized disclosure, destructions, or corruption, <br />including without limitation, unauthorized access, unauthorized use, <br />identity theft, theft of personally identifiable information or confidential City <br />information in whatever form, transmission of a computer virus or other <br />type of malicious code; and participation in a denial of service attack on <br />third party computer systems; <br /> Loss or denial of service; <br /> No cyber terrorism exclusion; <br /> <br />Such coverage must include technology/professional liability including breach of contract, <br />privacy and security liability, privacy regulatory defense and payment of civil fines, <br />payment of credit card provider penalties, and breach response costs, including without <br />limitation, notification costs, forensics, credit protection services, call center services, <br />identity theft protection services, and crisis management/public relations services. <br /> <br />4.4.2 Claims-Made Limitations. The following provisions shall apply if the cyber <br />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 />4.4.3 Additional Requirements. A certified endorsement to include contractual liability <br />shall be included in the policy. <br /> <br />4.4.4 Submittal Requirements. To comply with Subsection 4.4, Consultant shall <br />submit the Certificate of Liability Insurance in the amounts specified in the section. <br /> <br />4.5 All Policies Requirements. <br /> <br />4.5.1 Acceptability of Insurers. All insurance required by this section is to be placed <br />with insurers with a Bests' rating of no less than A:VII. <br />85