Cyber Coverage Clause Samples

Cyber Coverage. For as long as this Agreement is in effect, the Administrator shall carry cyber insurance which provides coverage for direct and third party losses. Such insurance shall provide at least [REDACTED] coverage per claim and in the aggregate, or the amount required by any Governmental Authority, if higher. For the avoidance of doubt, the insurance coverages and limits set forth in this Section 13.1 do not constitute any limitation of the liability the Administrator has assumed under this Agreement. Certificates. Upon the reasonable written request of the Company from time to time, the Administrator shall provide the Company with a copy of the certificates of insurance with respect to the insurance policies required in Section 13.1, and a written certification that such coverage is in force. Loss Payee. With respect to the required insurance policies noted in Section 13.1, the Administrator shall use its commercially reasonable efforts to (a) name the Company (including, its parent, past, present and future affiliate companies, divisions and subsidiaries and each of its and their present, past and future officers, directors, members, agents, employees, predecessors, successors and assigns) as a joint loss payee and/or additional insured, (b) add a clause that requires the insurers to provide the Company with thirty (30) days’ advance written notice in the event such insurance coverage will be canceled or terminated or the terms of the insurance materially altered; and (c) include a Waiver of Subrogation in favor of the Company. The Administrator shall give the Company written notice of any material amendment or cancellation of such insurance policy. Primary Coverage. The coverage afforded under any insurance policy obtained by the Administrator pursuant to this Agreement shall be primary with respect to the Administrator’s acts or omissions and shall not be in excess of, or contributing with, any insurance maintained by the Company, and must contain a cross-liability or severability-of-interest clause. The Administrator and its Subcontractors shall not perform under this Agreement without the prerequisite insurance. The Administrator agrees to be solely responsible for any deficiencies in the coverage, policy limits and/or endorsements of its Subcontractors performing any portion of the Services under this Agreement.