A. Coverages. Layer0 will provide, pay for and maintain in full force and effect the following minimum insurance coverage:
- Commercial General Liability Insurance with limits of not less than One Million Dollars (USD$1,000,000) per occurrence and Two Million Dollars (USD$2,000,000) in the aggregate for bodily injury, personal injury and property damage. Coverages include the following: products and completed operations, personal and advertising injury.
- Professional Liability / Errors and Omissions with limits of not less than Five Million Dollars (USD$5,000,000) each claim and in the aggregate for claims resulting from errors and omissions arising out of the performance of the Services under the Platform Subscription Agreement. Coverages include the following: cyber liability, privacy liability.
- Workers’ Compensation Insurance in compliance with applicable statutory limits and Employers’ Liability Insurance with limits of not less than One Million Dollars (USD$1,000,000) per accident, One Million Dollars (USD$1,000,000) per employee by disease and One Million Dollars (USD$1,000,0000) aggregate by disease.
- Commercial Automobile Liability Insurance with limits of not less than One Million Dollars (USD$1,000,000) per accident for bodily injury and property damage liability for non-owned and hired motor vehicles.
- Umbrella/Excess Liability Insurance with limits of not less than Four Million Dollars (USD$4,000,000) per occurrence and in the aggregate in excess of General Liability, Automobile Liability and Workers Compensation Insurance.
The amount of insurance to be carried by Layer0 beyond the minimums set forth in this policy is to be determined in Layer0’s discretion.
B. Evidence of Insurance; Changes. Upon Customer’s written request, Layer0 will furnish to Customer true and correct copies of the certificates of insurance maintained in compliance with this policy as evidence that these policies are in full force and effect. Layer0 will provide notice to Customer of a material reduction in the coverages listed above within thirty (30) days of the effective date of such reduction.
C. Insurance Companies. All insurance will be written through responsible insurance companies having an A.M. Best’s rating of at least A VII or the reasonable equivalent by another reputable rating agency.
D. Non-Limitation of Insurance. All liability insurance maintained by Layer0 pursuant to this policy will include the condition that it is primary. Any insurance maintained by Customer or any additional insured is excess and non-contributory. The required coverages referred to in this policy will in no way affect, nor are they intended as a limitation of, Layer0’s liability with respect to the performance of its obligations to Customer under the Platform Subscription Agreement.