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services to pay City. All data in the previous sentence will hereinafter be referred to as "City Data." The minimum safeguards Consultant will use to comply with its obligations under this Section are set forth in Exhibit C, which is attached hereto and incorporated herein by reference. In the event of any actual or possible data breach related to City Data, Consultant shall immediately notify City of such breach and take all such immediate actions as are necessary to remedy and repair Consultant's safeguards and security systems. Consultant shall also perform a root cause analysis of the data breach and deliver a summary of that analysis to City. 12. Indemnification. Consultant will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, (a) caused in whole or in part by the willful misconduct or any negligent act or omission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of City or (b) related to any actual or alleged data breaches related to City Data. Further, without restricting the generality of the foregoing, Consultant will defend, indemnify, and hold harmless City and its officer, agents, employees and volunteers from and against all claims, damages, losses and expenses, including attorney fees, related to a claim made by a third party against City alleging that Consultant's products and/or services infringe such third party's United States patent, copyright, trademark, trade secret, or other intellectual property (an "IP Claim"). The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section. The parties expressly agree that this section shall survive the expiration or early termination of the Agreement. Notwithstanding the foregoing, the parties agree that neither party shall be liable to the other for any lost profits, lost savings or other special, indirect or consequential damages, even if the party has been advised of or could have foreseen the possibility of such damages. Paymentus' total liability for damages for any and all actions associated with this Agreement or the Services shall in no event exceed the Agreement amount of $66,000. The preceding limit does not apply to Paymentus indemnification obligations under this Section 12. Nor does it apply to any claims related to a violation of law or relating to a data breach as described in Section 11 above. 13. Insurance. Consultant shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than "A -:VII". ATTY/AGR/2017.080/PAYMENTUS - IVR REV: 04-10-17 JS Page 4 of 14