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D. Professional Liability: Professional or ("Errors & Omissions") <br />Liability Insurance in the amount of at least One Million and 00/100 Dollars <br />($1,000,000.00) for Each Occurrence (or "Wrongful Act" or equivalent) and if <br />applicable, Aggregate, covering CDP Services' Liability for negligent acts, errors, or <br />omissions in the performance of professional services in connection with this Agreement, <br />including coverage for actual or alleged violations of the Fair Debt Collection Practices <br />Act (FDCPA), 15 U.S.C. §§ 1692-1692p. CDP Services Professional Liability Insurance <br />may afford coverage on an occurrence basis or on a claims basis. It is however, <br />acknowledged and agreed by CDP Services that under claims-made coverage changes in <br />insurers or in insurance policy forms could result in the impairment of the liability <br />insurance protection intended for the Jurisdiction, the Elk River Police Department, <br />and/or the City Prosecutor hereunder. CDP Services therefore agrees that it will not seek <br />or voluntarily accept any such change in its Professional Liability Insurance coverage if <br />such impairment of the protection for the Jurisdiction, the Elk River Police Department, <br />and/or the City Prosecutor could result: and further, that it will exercise its right under <br />any Extended Reporting Period" ("tail coverage") or similar claims-made policy option if <br />necessary or appropriate to avoiding impairment of such protection. <br />Such a policy shall name the Jurisdiction, the Elk River Police Department, and the City <br />Prosecutor as additional insureds hereunder, and shall apply on a primary basis with <br />respect to any similar insurance maintained by the Jurisdiction. <br />A copy of all such insurance policies described above shall be delivered to the <br />Jurisdiction for its review and approval prior to CDP Service's initiation of the Program <br />on behalf of the Jurisdiction. <br />22. CDP Services further agrees that it -will, throughout the entire period of this <br />Agreement: <br />1. Advise the Jurisdiction on any intended or pending change in Professional <br />Liability insurance or in policy. forms, and provide the Jurisdiction with all pertinent <br />information that the Jurisdiction may reasonably request to determine compliance with <br />this paragraph. <br />2. Advise the Jurisdiction of any claims or threat of claims that might reasonably be <br />expected to reduce the amount of such insurance remains available for the protection of <br />the Jurisdiction. <br />Page ~ 8 <br />