Agmt24 Kim Lundgren Associates, Inc. dba KLA

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REV: 11-22-24 MI EXHIBIT H INSURANCE REQUIREMENTS A. Provider, at its sole expense, will maintain the types of coverages and minimum limits indicated below. These minimum amounts of coverage will not constitute any limitations or cap on Provider's indemnification obligations under this Agreement. • Commercial General Liability Insurance. Provider will maintain occurrence based coverage with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement, or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy will be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City. • Business Automobile Liability Insurance. Provider will maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non-owned automobiles. • Workers' Compensation Insurance and Employer’s Liability Insurance. Provider will maintain coverage with limits not less than $1,000,000 per each accident for bodily injury or disease, and as required by the California Labor Code. The Workers’ Compensation policy will contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees and volunteers. • Professional Liability Insurance. Provider will maintain coverage with limits not less than $1,000,000 per occurrence. Professional Liability may be written as claims-made coverage. • Third party cyber liability insurance. Provider will maintain cyber liability coverage with limits not less than $1,000,000 per claim. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Provider in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, as well as credit monitoring expenses with limits sufficient to respond to these obligations. B. This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without Provider providing thirty (30) days prior written notice to City sent pursuant to the Notice provisions of this Agreement. C. Prior to City’s execution of this Agreement, Provider will provide to City certificates of insurance and above-referenced endorsements sufficient to satisfaction of City’s Risk Manager. In no event will Provider commence any work or provide any Services under this Agreement until certificates of insurance and endorsements have been accepted by City’s Risk Manager. D. If Provider fails to comply with these insurance requirements, then City will have the option to declare Provider in breach. ATTY/AGR.2024.220/Kim Lundgren Associates, Inc (KLA) (Climate Dashboard) (Page 22 of 22)