Gen Insurance Requirements

Gen Digital Inc. (“Gen”) Insurance Requirements

Capitalized terms used herein and not defined have the meaning specified in the Gen Master Purchase Agreement or the Gen Purchase Order Terms and Conditions, as applicable.

1.      The following insurance requirements apply to all Providers who provide Solutions to Gen entities worldwide, except for those entities located in Australia and India:

Provider will maintain the following insurance coverage (or foreign equivalent to the US dollar amounts for Providers outside of the US):

(i)                           Commercial general liability insurance (including contractual liability coverage), or regional equivalent, on an occurrence basis for bodily injury, death, “broad form” property damage, and personal injury, with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million dollars ($2,000,000) general aggregate for bodily injury and property damage;
(ii)                         Auto liability insurance covering all owned, non-owned and hired vehicles, with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage;
(iii)                       Worker’s compensation insurance as required by law in the state where the services will be performed, including employer’s liability coverage for injury, disease and death, with coverage limits of not less than One Million Dollars ($1,000,000) per accident and employee;
(iv)                      Umbrella liability insurance on an occurrence form, for limits of not less than Three Million Dollars ($3,000,000) per occurrence and in the aggregate; and
(v)                         Professional liability (Errors & Omissions) on an occurrence or claims-made form, for limits of not less than Two Million Dollars ($2,000,000) annual aggregate.
(vi)                      If Provider will process Personal Data or PCI, Cyber Liability on an occurrence or claims-made form, for limits of not less than Two Million Dollars ($2,000,000) annual aggregate. If coverage is on a claims made form, the policy will be continued for at least one year after the expiration of this agreement. The applicable Gen entity is to be named as an additional insured and coverage is primary without right of contribution of any insurance carried by Gen insurance policies. To the extent permitted by law, Provider will have its insurer provides a waiver of subrogation in favor of the applicable Gen legal entity. 

Insurance carriers shall be rated A-1 or better by A.M. Best Company. The Gen entity issuing the corresponding purchase order is to be added as an additional insured on the Commercial General Liability policy with a waiver of subrogation in favor of the applicable Gen legal entity. Licensor’s Commercial General Liability policy shall be considered primary without right of contribution of any insurance carried by Gen insurance policies. Policies shall contain a Severability of Interests clause. Policies shall provide thirty (30) days written notice prior to cancellation, except in the event of non-payment, which shall require at least ten (10) days’ notice.

In no event shall the foregoing coverage limits affect or limit in any manner Provider’s contractual liability for indemnification. Provider shall be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required of Provider under this Section. All of Provider's activities under this Agreement shall be at Provider's own risk, and Provider's employees and agents shall not be entitled to any benefits under the policies of insurance maintained by Gen.

2.      The following insurance requirements apply to all Providers who provide Solutions solely to Gen entities located in Australia:

Provider shall obtain and maintain in force with reputable insurers during the term of this Agreement such insurance as is required by law in Australia, including Auto Liability and coverage for work place injury, and any coverages which are usual, customary and appropriate for its business according to the Solutions provided. This shall include but is not limited to the following coverage (or foreign equivalent if not in Australian Dollar):

(i)      Public and Products Liability – in limits not less than $10,000,000 AUD. The policy shall include an Indemnity to Principal endorsement in favor of Gen. 

(ii)     Professional Indemnity or IT Liability for damages arising from negligent acts, errors & omissions caused by the Provider or any subcontractors conducting work on their behalf, with limits of not less than $1,000,000 AUD.

(iii)     If Provider will process Personal Data or PCI, Cyber Liability on an occurrence or claims-made form, for limits of not less than Two Million Dollars ($2,000,000 AUD) annual aggregate. If coverage is on a claims made form, the policy will be continued for at least one year after the expiration of this agreement. The applicable Gen entity is to be named as an additional insured and coverage is primary without right of contribution of any insurance carried by Gen insurance policies.

Provider’s coverage shall be considered primary without right of contribution of Gen’s insurance policies. To the extent permitted by law, Provider will have its insurer provides a waiver of subrogation in favor of the applicable Gen legal entity. In no event shall the foregoing coverage limits affect or limit in any manner Provider’s contractual liability for Indemnification. Provider shall be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required of Provider under this Section. All of Provider's activities under this Agreement shall be at Provider's own risk, and Provider's employees and agents shall not be entitled to any benefits under the policies of insurance maintained by Gen.

3.      The following insurance requirements apply to all Providers who provide Solutions solely to Gen entities located in India:

Provider shall obtain and maintain in force with reputable insurers during the term of this Agreement such insurance as is required by law in India, such as Auto Liability, and any coverages which are usual, customary and appropriate for its business according to the Solutions provided. This shall include but is not limited to the following coverages (or foreign equivalent to the US dollar amounts for Providers outside of the US):

1)            Public Liability insurance in limits not less than the local currency equivalent of $1,000,000 USD, including coverage for Contractual Liability and Personal and Advertising injury. 
2)            Errors and Omissions insurance for damages arising from negligent acts, errors & omissions caused by the Provider or any subcontractors conducting work on their behalf, with limits not less than the local currency equivalent of $1,000,000 USD.
3)            If Provider will process Personal Data or PCI, Cyber Liability on an occurrence or claims-made form, for limits of not less than Two Million Dollars ($2,000,000 USD) annual aggregate. If coverage is on a claims made form, the policy will be continued for at least one year after the expiration of this agreement. The applicable Gen entity is to be named as an additional insured and coverage is primary without right of contribution of any insurance carried by Gen insurance policies.

The Gen entity issuing the corresponding Purchase Order shall be added as an additional insured to Provider’s policies. To the extent permitted by law, Provider will have its insurers provide a waiver of subrogation in favor of the applicable Gen legal entity.

Provider’s coverage shall be considered primary without right of contribution of Gen’s insurance policies. In no event shall the foregoing coverage limits affect or limit in any manner Provider’s contractual liability for Indemnification. Provider shall be solely responsible for ensuring that its subcontractors maintain insurance coverage at levels no less than those required of Provider under this Section. All of Provider's activities under this Agreement shall be at Provider's own risk, and Provider's employees and agents shall not be entitled to any benefits under the policies of insurance maintained by Gen.