such Claim; (b) giving Customer sole control of the defense thereof and any related settlement negotiations; and (c) cooperating and, at Customer’s request and expense, assisting in such defense.

9.
INSURANCE.
9.1
During the term of the Agreement, Aurelian shall obtain insurance of the types and coverage described below:
1.
Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written at least as broad as Insurance Services Office (ISO) form CA 00 01.
2.
Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap, independent contractors and personal injury and advertising injury. The Customer shall be named as an additional insured under Aurelian’s Commercial General Liability insurance policy with respect to the work performed for the Customer using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26.
3.
Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.
4.
Technology Errors & Omissions (E&O)
5.
Network Security (Cyber) and Privacy Insurance shall include, but not be limited to, coverage, including defense, for the following losses or services:

Liability arising from theft, dissemination, and/or use of Customer confidential and personally identifiable information, including but not limited to, any information about an individual maintained by the Customer, including (i) any information that can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and (ii) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information regardless of how or where the information is stored or transmitted.

Network security liability arising from (i) the unauthorized access to, use of, or tampering with computer systems, including hacker attacks; or (ii) the inability of an authorized third party to gain access to supplier systems and/or Customer data, including denial of service, unless caused by a mechanical or electrical failure; (iii) introduction of any unauthorized software computer code or virus causing damage to the Customer or any other third party data.

Lawfully insurable fines and penalties resulting or alleging from a data breach.

Event management services and first-party loss expenses for a data breach response including crisis management services, credit monitoring for individuals, public relations, legal service advice, notification of affected parties, independent information security forensics firm, and costs to re-secure, re-create and restore data or systems.

9.2
During the term of the Agreement, Aurelian shall maintain the following insurance limits:
1.
Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.
2.
Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate.
3.
Technology Errors & Omissions (E&O) shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit.
4.
Network Security (Cyber) and Privacy Insurance shall be written with limits no less than $2,000.000 per claim $2,000,000 policy aggregate for network security and privacy coverage, $100,000 per claim for regulatory action (fines and penalties), and $100,000 per claim for event management services.

Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Upon written request from Customer, Aurelian shall furnish the Customer with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. Aurelian shall provide the Customer with written notice of any policy cancellation within two business days of its receipt of such notice.

10. SAFEGUARDING OF PERSONAL INFORMATION. Aurelian shall not use or disclose Personal Information except in accordance with Customer’s documented instructions or to perform Aurelian’s obligations or exercise Aurelian’s rights under this Agreement. Aurelian agrees to comply with applicable federal and state laws and regulations, as currently enacted or revised, regarding data security and electronic data interchange of Personal Information. Aurelian shall ensure its directors, officers, employees, subcontractors or agents use Personal Information solely for the purposes set forth in this Agreement. Aurelian shall implement and maintain information security measures designed to protect Personal Information against unauthorized use, disclosure, modification or loss. Upon becoming aware of unauthorized access to or acquisition of Personal Information in Aurelian’s possession or control, Aurelian will promptly inform Customer in writing and take reasonable steps designed to mitigate the harmful effects of such access or acquisition.

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