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Page 5 of 38 <br />ATTY/AGR/2017.104/SMART ENERGY SYSTEMS – CUSTOMER WATER USE PORTAL <br />REV: 05-15-17 MI <br />11.1.2 Business Automobile Liability Insurance. Consultant shall maintain <br />coverage with limits not less than $1,000,000 per each accident for owned, <br />hired and non-owned automobiles. <br /> <br />11.1.3 Workers' Compensation Insurance. Consultant shall maintain <br />coverage as required by the California Labor Code. The Workers’ <br />Compensation policy shall contain an endorsement stating that the insurer <br />waives any right to subrogation against the City, its officers, agents, <br />employees and volunteers. <br /> <br />11.1.4 Employer's Liability Insurance. Consultant shall maintain coverage <br />with limits not less than $1,000,000 per each accident for bodily injury or <br />disease. <br /> <br />11.1.5 Professional Liability Insurance. Consultant shall maintain coverage <br />with limits not less than $1,000,000 per occurrence. Professional Liability <br />may be written as claims-made coverage. <br /> <br />11.1.6 Cyber Liability Insurance. Consultant must carry Cyber Liability <br />Insurance with limits not less than $1,000,000 per claim. Coverage shall be <br />sufficiently broad to respond to the duties and obligations as is undertaken <br />by Consultant in this agreement and shall include, but not be limited to, <br />claims involving infringement of intellectual property, including but not <br />limited to infringement of copyright, trademark, trade dress, invasion of <br />privacy violations, information theft, damage to or destruction of electronic <br />information, release of private information, alteration of electronic <br />information, extortion and network security. The policy shall provide <br />coverage for breach response costs as well as regulatory fines and <br />penalties, as well as credit monitoring expenses with limits sufficient to <br />respond to these obligations. The policy shall provide that the City and its <br />officers, officials, employees, and agents shall be additional insureds, and <br />the policy shall be primary and non-contributory. <br /> <br />11.2. Notice of Cancellation. This insurance will be in force during the life of the <br />Agreement and any extensions of it and will not be canceled without Consultant <br />providing thirty (30) days prior written notice to City sent pursuant to the Notice <br />provisions of this Agreement. <br /> <br />11.3 Providing Certificates of Insurance and Endorsements. Prior to City’s <br />execution of this Agreement, Consultant shall provide to City certificates of <br />insurance and above-referenced endorsements sufficient to satisfaction of City’s <br />Risk Manager. In no event shall Consultant commence any work or provide any <br />Services under this Agreement until certificates of insurance and endorsements <br />have been accepted by City’s Risk Manager. <br /> <br />6.1.E. - Page 8