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6.F. - Page 14 of 180 as part of the User Acceptance process undertaken by the City pursuant to the Statement of Work. This warranty is void if the City makes any changes or modifications in the Solution without the permission of Consultant. 5.2 Malware. Consultant warrants that in performing the Services, it has not introduced into the Software any disabling code, back door access point, virus, tracking software or malware of any kind and that Consultant shall not introduce any of the foregoing into the City's network environment during the performance of the Services. Consultant shall notbe responsibleforanyof the foregoing that are inthe Software provided by a Third Party Provider unless Consultantis awareofthe presence of such code and does not notify the City. 5.3 Service Warranty. Consultant warrants thatall Services provided underthis Agreement will beperformed in a professional, competent and workmanlikemanner inaccordance with the requirements ofthisAgreement and the Statement of Work. City shall notify Consultant in writing of any breach of this warranty during user acceptancetesting for each deliverableor Project Phase. Provider shall further provide a sufficientnumberof properly trained and competent staff to carryout the Services in a skilled and professional manner consistent with the best practices in the software industry and in compl iancewith the Project Schedule. 5.4 Remedies. Consultant covenants that it will make corrections of defects or errors in the Solution which are the result of the Services and which are reported in writing to Consultant during the WarrantyPeriod and which are necessary for the Solution to conform to the warranties setforth in Section 5.1. City agrees to allow Cons ultantthe opportunity to make repeated efforts within a thirty (30) daytime period to correct errors or malfunctions as warranted in this Agreement. Consultantwil I striveto have any and a I I defects resolved within no more than thirty (30) calendar days. 5.5 THE WARRANTIES CONTAINED HEREIN AND IN THE STATEMENT OF WORK ARE CONSULTANT'S SOLE AND EXCLUSIVE WARRANTIES. CONSULTANT AFFIRMATIVELY EXCLUDES ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE SERVICES PROVIDED INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT THE CONSULTANT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WHETHER ARISING BY LAW OR BY REASON OF CUSTOM OF THE TRADE. 6.0 INSURANCE. Consultantshall obtain and maintain forthe duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may ariseout of or in connection with performance of the Services by Consultant or Consultant's agents, representatives, employees or subcontractors. The i nsurancecarrier is required to maintain an A.M. Best ratingof not less than "A -:VII". 6.1 Coverages and Limits. Consultant, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless otherwise approved by City in writing. These minimum amounts of coverage will notconstitute any limitationsor capon Consultant's indemnification obligations under this Agreement. 6.1.1 Commercial General Liability Insurance. Consultant shall maintain occurrence based coverage with I i mits not I ess than $2,000,000 per occurrence. If the submitted pol i cies contain aggregate I i mi ts, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will betwice the required per occurrence limit. The Commercial General Liability insurancepolicy shall beenclorsedto name the City, its officers, agents, employees andvolunteersas additional insureds, and to state that the insurancewill be primary and not contribute with any i nsurance or self -i nsurancemaintained bythe City. 6.1.2 Business Automobile Liability Insurance. Consultantshall maintain coveragewith limits not less than $1,000,000 per each accidentfor owned, hired and non -owned automobiles. 6.1.3 Workers' Compensation and Emolover's Liability Insurance. Consultant shall maintain coverage as required by the California Labor Code and Employer's Liability limits with limits not less than $1,000,000 per each accidentfor bodily injury or disease. The Worker's Compensation policy shall contain an endorsement statingthat the insurerwaives any right to subrogation against the City, its GENERALTERMS AND CONDITIONS Page 6 ATTY/AGR/2019.118/CHERRYROAD ERP IMPLEMENTATION SERVICES REV: 05-13-19 PR Page 6 of 172 121