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Execute the “Review/Track Changes” feature before making any changes to this <br />template. <br /> <br /> <br />Consulting Services Agreement between City of San Leandro and Last revised [MM/DD/YYYY] <br />___ for ___ Page 8 of 17 <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 />[NOTE TO STAFF: THE FOLLOWING PROVISION OF THIS SECTION MAY BE REMOVED IF NOTE <br />REQUIRED – CHECK WITH RISK MANAGEMENT PRIOR TO REMOVAL.] <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 $1,000,000.00 <br />per occurrence. Coverage shall be sufficiently broad to respond to the duties and <br />obligations as is undertaken by Consultant in this Agreement and shall include, but not be <br />limited to, claims involving infringement of intellectual property, including but not limited to <br />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 /> No cyber terrorism exclusion; <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, forensic analysis, credit protection services, call center <br />services, identity theft protection services, and crisis management/public relations <br />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 />DocuSign Envelope ID: 9F638B3F-49B9-4E03-A641-0D653C537FCD