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<br />Consulting Services Agreement between City of San Leandro and Last revised 05/06/2022 <br />Francis Ngure for Accounting Services Page 7 of 16 <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 submit <br />the Certificate of Liability Insurance in the amounts specified in the section. <br /> <br />4.4 Section Reserved. <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; information <br />theft; damage to or destruction of electronic information; release of private information; <br />alteration of electronic information; extortion; and network security. The policy shall provide <br />coverage for liabilities for financial loss resulting or arising from acts, errors, or omissions, in <br />rendering technology services: <br /> Violation or infringement of any right of privacy, including breach of security <br />and breach of security/privacy laws, rules or regulations globally, now or <br />hereinafter 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 <br />information in whatever form, transmission of a computer virus or other type <br />of malicious code; and participation in a denial of service attack on third <br />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, payment <br />of credit card provider penalties, and breach response costs, including without limitation, <br />notification costs, forensic analysis, credit protection services, call center services, identity <br />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 liability <br />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 provided <br />for at least 5 years after completion of the Agreement or the work, so long <br />as commercially available at reasonable rates. <br /> <br />DocuSign Envelope ID: BA781841-3B81-40E4-8436-4050815808B8DocuSign Envelope ID: CA9B73CB-704C-407E-AE17-3EF5707F04FADocuSign Envelope ID: AEF9770E-6BAA-4A44-8C7E-8E053DB1E19A