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REV:01-20-23 MI <br />limits will apply separately to the Services, project, or location that is the subject of this Agreement or the <br />aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance <br />policy shall be endorsed to name the City, its officers, agents, employees and volunteers as additional <br />insureds, and to state that the insurance will be primary and not contribute with any insurance or self- <br />insurance maintained by the City. <br />7.10.2 Business Automobile Liability Insurance. Navia shall maintain coverage with limits not less <br />than $1,000,000 per each accident for owned, hired and non-owned automobiles. <br />7.10.3 Workers' Compensation and Employer's Liability Insurance. Navia shall maintain coverage as <br />required by the California Labor Code and Employer’s Liability limits with limits not less than <br />$1,000,000 per each accident for bodily injury or disease. The Worker’s Compensation policy shall <br />contain an endorsement stating that the insurer waives any right to subrogation against the City, its <br />officers, agents, employees, and volunteers. <br />7.10.5 Professional Liability Insurance. Navia shall maintain coverage with limits not less than <br />$1,000,000 per occurrence. Professional Liability may be written as claims-made coverage. <br />7.10.6 Cyber Liability Insurance Vendor must carry Cyber Liability Insurance with limits not less than <br />$1,000,000 per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is <br />undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving <br />infringement of intellectual property, including but not limited to infringement of copyright, trademark, <br />trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic <br />information, release of private information, alteration of electronic information, extortion and network <br />security. The policy shall provide coverage for breach response costs as well as regulatory fines and <br />penalties, as well as credit monitoring expenses with limits sufficient to respond to these obligations. The <br />policy shall provide that the City and its officers, officials, employees, and agents shall be additional <br />insureds, and the policy shall be primary and non-contributory. <br />7.10.7. Notice of Cancellation. This insurance will be in force during the life of the Agreement and any <br />extensions of it and will not be canceled without Navia providing thirty (30) days prior written notice to <br />City sent pursuant to the Notice provisions of this Agreement. <br />7.10.8 Providing Certificates of Insurance and Endorsements. Prior to City’s execution of this <br />Agreement, Navia shall provide to City certificates of insurance and above-referenced endorsements <br />sufficient to satisfaction of City’s Risk Manager. In no event shall Navia commence any work or provide <br />any Services under this Agreement until certificates of insurance and endorsements have been accepted <br />by City’s Risk Manager. <br />7.10.9 Failure to Maintain Coverage. If Navia fails to comply with these insurance requirements, then <br />City will have the option to declare Navia in breach. <br />7.10.10 Submission of Insurance Policies. City reserves the right to require, at any time, complete <br />copies of any or all required insurance policies and endorsements. <br />ATTY/AGR.2023.010/Navia Benefit Solutions (Navia Services (Dental HRA) 2023) (Page 16 of 42)