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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 7 of 16 <br />• Violation or infringement of any right of privacy, including breach of security and <br />breach of security/privacy laws, rules or regulations globally, now or hereinafter <br />constituted or amended; <br />• Data theft, damage, unauthorized disclosure, destructions, or corruption, <br />including without limitation, unauthorized access, unauthorized use, identity <br />theft, theft of personally identifiable information or confidential City information in <br />whatever form, transmission of a computer virus or other type of malicious code; <br />and participation in a denial of service attack on third party computer systems; <br />• Loss or denial of service; <br />• No cyber terrorism exclusion; <br />Such coverage must include technology/professional liability including breach of <br />contract, privacy and security liability, privacy regulatory defense and payment of civil <br />fines, payment of credit card provider penalties, and breach response costs, including <br />without limitation, notification costs, forensics, credit protection services, call center <br />services, identity theft protection services, and crisis management/public relations <br />services. <br />4.4.2 Claims-Made Limitations. The following provisions shall apply if the cyber liability <br />coverage is written on a claims-made form: <br />a. The retroactive date of the policy must be shown and must be before the date of <br />the Agreement. <br />b. Insurance must be maintained, and evidence of insurance must be provided for at <br />least 5 years after completion of the Agreement or the work, so long as <br />commercially available at reasonable rates. <br />c. If coverage is canceled or not renewed and it is not replaced with another claims- <br />made policy form with a retroactive date that precedes the date of this Agreement, <br />Consultant shall purchase an extended period coverage for a minimum of 5 years <br />after completion of work under this Agreement. <br />d. A copy of the claim reporting requirements must be submitted to the City for review <br />prior to the commencement of any work under this Agreement. <br />4.4.3 Additional Requirements. A certified endorsement to include contractual liability <br />shall be included in the policy. <br />4.4.4 Submittal Requirements. To comply with Subsection 4.4, Consultant shall submit <br />the Certificate of Liability Insurance in the amounts specified in the section. <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 /> <br />4.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, <br />Consultant shall furnish City with complete copies of all Certificates of Liability <br />Insurance delivered to Consultant by the insurer, including complete copies of all <br />DocuSign Envelope ID: 0FAAC8A1-7B66-41D1-8DBF-9ED853BC0612