ConvergeOne, Inc. CSA 20231204 - Laserfiche WebLink

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x Loss or denial of service; x No cyber terrorism exclusion; Such coverage must include technology/professional liability including breach of contract, privacy and security liability, privacy regulatory defense and payment of civil fines, payment of credit card provider penalties, and breach response costs, including without limitation, notification costs, forensic analysis, credit protection services, call center services, identity theft protection services, and crisis management/public relations services. 4.4.2 Claims-Made Limitations. The following provisions shall apply if the cyber liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.4.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. 4.4.4 Submittal Requirements. To comply with Subsection 4.4, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.5 All Policies Requirements. 4.5.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, LWVKDOOQRW ZDLYHWKH&RQVXOWDQW¶V obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.5.3 Wasting Policies. No policy required by this Section 4 VKDOOLQFOXGHD³ZDVWLQJ´ policy limit (i.e. limit that is eroded by the cost of defense). 4.5.4 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 GD\V¶ prior written notice has been provided to the City. 4.5.5 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.6 Submittal of Proof of Insurance Coverage. All certificates of insurance and endorsements effecting coverage required in this Section 4 must be electronically VXEPLWWHG WKURXJK WKH &LW\¶V RQOLQH insurance document management program, PINS Advantage. Contractor shall comply with all requirements provided by City related to the PINS Advantage program. 4.7 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City DocuSign Envelope ID: F142FC13-2565-4871-97AE-5ACD1BA331FC