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<br />Consulting Services Agreement between City of San Leandro and Last revised June 26, 2020 <br />Ethosoft, Inc. for Laboratory Information Management System Page 6 of 16 <br /> <br />a. The Insurance shall cover on an occurrence or an accident basis, and not <br />on a claims-made basis. <br /> <br />b. City, its officers, officials, employees, and volunteers are to be covered as <br />additional insureds as respects: liability arising out of work or operations <br />performed by or on behalf of the Consultant; or automobiles owned, <br />leased, hired, or borrowed by the Consultant. <br /> <br />c. Consultant hereby agrees to waive subrogation which any insurer or <br />contractor may require from vendor by virtue of the payment of any loss. <br />Consultant agrees to obtain any endorsements that may be necessary to <br />effect this waiver of subrogation. <br /> <br />d. For any claims related to this Agreement or the work hereunder, the <br />Consultant’s insurance coverage shall be primary insurance as respects <br />the City, its officers, officials, employees, and volunteers. Any insurance <br />or self-insurance maintained by the City, its officers, officials, employees, <br />or volunteers shall be excess of the Consultant’s insurance and shall not <br />contribute with it. <br /> <br />4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall <br />submit the following: <br /> <br />a. Certificate of Liability Insurance in the amounts specified in the section; <br /> <br />b. Additional Insured Endorsement as required by the section; <br /> <br />c. Waiver of Subrogation Endorsement as required by the section; and <br /> <br />d. Primary Insurance Endorsement as required by the section. <br /> <br />4.3 [Reserved] <br /> <br />4.4 Cyber Liability Insurance <br /> <br />4.4.1 General Requirements. Consultant, at its own cost and expense, shall maintain cyber <br />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 />DocuSign Envelope ID: 0FAAC8A1-7B66-41D1-8DBF-9ED853BC0612