Laserfiche WebLink
51062.00005\41629185.1 <br />REV: 12-07-23 MI <br />Blazestack Inc. <br />907 Ranch Rd 620 S # 302, Lakeway, TX 78734 <br />hello@blazestack.com <br />(855) 735-6673 <br />CONFIDENTIAL <br />Last updated: May 22, 2023 <br />9.2.1 Cyber Liability Insurance Blazestack must <br />carry Cyber Liability Insurance with limits not <br />less than $1,000,000 per claim and in the <br />aggregate. Coverage shall be sufficiently broad to <br />respond to the duties and obligations as is <br />undertaken by Blazestack in this Agreement and <br />shall include, but not be limited to, claims <br />involving infringement of intellectual property, <br />including but not limited to infringement of <br />copyright, trademark, trade dress, invasion of <br />privacy violations, information theft, damage to <br />or destruction of electronic information, release <br />of private information, alteration of electronic <br />information, extortion and network security. The <br />policy shall provide coverage for breach response <br />costs as well as credit monitoring expenses with <br />limits sufficient to respond to these obligations. <br />9.3. Notice of Cancellation. This insurance will <br />be in force during the life of the Agreement and <br />any extensions of it and will not be canceled <br />without Blazestack providing fifteen (15) days <br />prior written notice to Customer sent pursuant to <br />the Notice provisions of this Agreement. <br />9.4. Providing Certificates of Insurance and <br />Endorsements. Prior to Customer’s execution of <br />this Agreement, Blazestack shall provide to <br />Customer certificates of insurance sufficient to <br />satisfaction of Customer’s Risk Manager <br />indicating that all conditions of Section 9.2.1 <br />have been met. In no event shall Blazestack <br />commence any work or provide any Services <br />under this Agreement until certificates of <br />insurance and endorsements have been accepted <br />by Customer’s Risk Manager. <br />9.5. Failure to Maintain Coverage. If Blazestack <br />fails to comply with these insurance <br />requirements, then Customer will have the option <br />to declare Blazestack in breach. <br />9.6. Submission of Insurance Certificates. <br />Customer reserves the right to require, at any <br />time, copies of any or all required insurance <br />certificates evidencing compliance with this <br />Agreement. <br />10. LIMITATION OF LIABILITY <br />10.1 Limitation of Liability. <br />IN NO EVENT WILL EITHER PARTY’S <br />AGGREGATE LIABILITY ARISING OUT OF <br />OR RELATED TO THIS AGREEMENT, <br />WHETHER IN CONTRACT, TORT OR <br />UNDER ANY OTHER THEORY OF <br />LIABILITY, EXCEED TWICE THE TOTAL <br />AMOUNT PAID BY CUSTOMER <br />HEREUNDER IN THE 12 MONTHS <br />PRECEDING THE INCIDENT GIVING RISE <br />TO THE LIABILITY.THE FOREGOING <br />LIMITATIONS WILL NOT APPLY TO <br />CUSTOMER’S PAYMENT OBLIGATIONS <br />OR EITHER PARTY’S WILLFUL <br />MISCONDUCT OR GROSS NEGLIGENCE. <br />10.2. Exclusion of Consequential and Related <br />Damages <br />IN NO EVENT WILL EITHER PARTY HAVE <br />ANY LIABILITY TO THE OTHER PARTY <br />FOR ANY LOST PROFITS OR REVENUES <br />OR FOR ANY CONSEQUENTIAL, <br />INCIDENTAL, INDIRECT, SPECIAL, <br />COVER OR PUNITIVE DAMAGES, <br />HOWEVER CAUSED, WHETHER IN <br />CONTRACT, TORT OR UNDER ANY <br />OTHER THEORY OF LIABILITY, AND <br />WHETHER THE PARTY HAS BEEN <br />ADVISED OF THE POSSIBILITY OF SUCH <br />DAMAGES. THE FOREGOING WILL NOT <br />APPLY TO THE EXTENT PROHIBITED BY <br />APPLICABLE LAW. <br />11. US. GOVERNMENT MATTERS <br />11.1. Terms for U.S. Government Customers. <br />This section applies only to Customers that are <br />U.S. government entities subject to the cited <br />regulations (“U.S. Government Customers”). <br />The Service is a “commercial item” (as defined <br />in 48 C.F.R. 2.101) and involves the use of <br />ATTY/AGR.2023.294/Blazestack (Fire Investigation Case Management Software) (Page 8 of 10)