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<br />Consulting Services Agreement between City of San Leandro and 10/05/2020 <br />MuniServices for Audits/Compliance Reviews of Cannabis Businesses Page 7 of 16 <br />4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional <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 />4.3.3 Additional Requirements. A certified endorsement to include contractual liability <br />shall be included in the policy. <br /> <br />4.3.4 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. Coverage shall be sufficiently broad to respond to the <br />duties and obligations as is undertaken by Consultant in this Agreement and shall include, <br />but not be limited to, claims involving infringement of intellectual property, including but not <br />limited to infringement of copyright, trademark, trade dress ; invasion of privacy violations; <br />information theft; damage to or destruction of electronic information; release of private <br />information; alteration of electronic information; extortion; and network security. The policy <br />shall provide coverage for liabilities for financial loss resulting or arising from acts, errors, <br />or omissions, in rendering technology services: <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 />87