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<br />concurrent negligence of Agency and the County, their officers, officials, employees, agents
<br />and volunteers, each party’s liability hereunder shall only be to the extent of that party’s
<br />negligence.
<br />
<br />11. Limitation of Liability: In no event will County or Agency be liable for any special,
<br />consequential, indirect, punitive or incidental damages, including but not limited to loss of
<br />data, loss of revenue, or loss of profits, arising out of or in connection with the performance
<br />of the County or Agency under this Agreement or any WO hereunder, even if the County or
<br />Agency has been advised of the possibility of such damages. IN NO EVENT WILL THE
<br />COUNTY BE LIABLE FOR ANY STATUTORY OBLIGATIONS,
<br />CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES,
<br />INCLUDING BUT NOT LIMITED TO BREACH AND/OR LOSS OF DATA NOT
<br />CAUSED BY THE COUNTY, LOSS OF REVENUE, LOSS OF GOODWILL OR LOSS
<br />OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE
<br />OF THE COUNTY UNDER THIS AGREEMENT OR ANY SUPPLEMENTAL WORK
<br />ORDER HEREUNDER, WHETHER BASED IN CONTRACT, TORT, INTENDED
<br />CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION COSTS
<br />INCURRED AS A RESULT OF DECISIONS MADE IN RELIANCE ON THE SERVICES,
<br />LOSS OF THE SERVICES, OR ANY OTHER LOSS OF DATA, THE COSTS OF
<br />RECOVERING OR RECONSTRUCTION SUCH DATA OR CLAIMS BY THIRD
<br />PARTIES.
<br />
<br />12. Insurance:
<br />
<br />12.1 Agency may self-insure against such risks in such amounts as are consistent with good
<br />practice or shall obtain a coverage agreement through a Risk Pool authorized by Chapter
<br />48.62 RCW, which shall provide liability coverage for the liabilities contractually assumed.
<br />by Agency in this Agreement. OR
<br />
<br />12.2
<br />a. Agency shall maintain continuously for the duration of this Agreement the following
<br />insurance minimum limits of liability and meet the requirements below:
<br />(i) Commercial General Liability written on an occurrence form at least as broad as
<br />ISO CG 00 01 with minimum limits of liability of $1,000,000 each occurrence,
<br />$2,000,000 General Aggregate, $2,000,000 Products/Completed Operations
<br />Aggregate, $1,000,000 Personal/Advertising Injury Liability, $1,000,000 Damage
<br />to Premises, $1,000,000 each accident/disease—policy limit/disease—each
<br />employee stop gap/Employer’s Liability;
<br />(ii) Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or
<br />claim, $2,000,000 aggregate. Coverage shall include, but not be limited to, claims
<br />involving security breach, system failure, data recovery, business interruption, cyber
<br />extortion, social engineering, infringement of intellectual property, including but not
<br />limited to infringement of copyright, trademark, trade dress, invasion of privacy
<br />violations, information theft, damage to or destruction of electronic information,
<br />release of private information, and alteration of electronic information. The policy
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