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25-002 Atium Engineering, Inc. for Peer Review of Photovoltaic
Peer Review of Photovoltaic Systems Design and Installation Project Programming Report Page 1 of 9 Professional/Consulting Contracts /Version: April 2024 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Atium Engineering, Inc. (“Contractor”), a Corporation for Peer Review of Photovoltaic Systems Design and Installation Project Programming Report, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on December 31, 2024 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by December 31, 2024. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. Peer Review of Photovoltaic Systems Design and Installation Project Programming Report Page 2 of 9 Professional/Consulting Contracts /Version: April 2024 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $3,400.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Peer Review of Photovoltaic Systems Design and Installation Project Programming Report Page 3 of 9 Professional/Consulting Contracts /Version: April 2024 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. Peer Review of Photovoltaic Systems Design and Installation Project Programming Report Page 4 of 9 Professional/Consulting Contracts /Version: April 2024 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in makin g the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; Peer Review of Photovoltaic Systems Design and Installation Project Programming Report Page 5 of 9 Professional/Consulting Contracts /Version: April 2024 (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious Peer Review of Photovoltaic Systems Design and Installation Project Programming Report Page 6 of 9 Professional/Consulting Contracts /Version: April 2024 creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Susan Michael as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Dave Maino as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. Peer Review of Photovoltaic Systems Design and Installation Project Programming Report Page 7 of 9 Professional/Consulting Contracts /Version: April 2024 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Peer Review of Photovoltaic Systems Design and Installation Project Programming Report Page 8 of 9 Professional/Consulting Contracts /Version: April 2024 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Susan Michael Email: SusanM@cupertino.org To Contractor: Atium Engineering, Inc. 3533 York Lane San Ramon, CA Attention: Dave Maino Email: maino@atiumeng.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Peer Review of Photovoltaic Systems Design and Installation Project Programming Report Page 9 of 9 Professional/Consulting Contracts /Version: April 2024 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date J David Maino J David Maino Principal Dec 23, 2024 Christopher D. Jensen Chad Mosley Director of Public Works 12/23/2024 1/6/2025 Cupertino PV Document Review atiumengineering Reference #: P24DO.78 Page 1 of 7 3533 York Ln San Ramon, CA 94582 913.961.1658 maino@atiumeng.com www.atiumeng.com PROPOSAL FOR ELECTRICAL ENGINEERING SERVICES Project: Cupertino PV Document Review Date: 10.29.24 Client: City of Cupertino 10300 Torre Ave Cupertino, CA 95014 408.777.1328 Attention: Susan Michael Dear Susan, Thank you for the opportunity to provide you with our Proposed Agreement For Electrical Engineering Services for the above referenced project. This proposed Agreement is based on the drawings and RFP information provided in your email sent on 10.28.24, and the scope of services noted below. Please date and sign below should you agree to the terms of this proposed Agreement and the terms and conditions therein. Upon signature, this proposed Agreement shall become effective and shall serve as the formal Agreement between Client (identified above) and Atium Engineering, Inc. (hereinafter referred to as PROJECT DESCRIPTION The project shall involve reviewing a conceptual narrative (43 pages) provided by Syserco Energy Solutions. The narrative provides an outline of proposed plans for a photovoltaic (PV) system. The Engineer shall review the technical aspects of the document and provide comments to assist the city in preparing the narrative for use in a Request for Proposal (RFP). MEETINGS AND SITE VISITS Client acknowledges that Engineer may request to conduct site visits and/or in-person meetings. Client further acknowledges that all site visits and in-person meetings, including the scheduling thereof, are contingent upon the status of any pandemics incl access restrictions and/or social distancing requirements and guidelines. No site visits or in person meetings shall be provided until such a time as permitted with reference If a site visit is not feasible, design documents shall be based on available as-built information and additional information as may be provided by the owner and architect. As part of the design services, Engineer will attend meetings and site visits in accordance with understanding of the project requirements, which includes and is expressly limited to the following: No site visits Conference calls as needed to answer city questions regarding our comments and to help clarify issues raised during the review SUBMITTALS Unless otherwise noted, all submissions shall be digital in nature and shall be provided in PDF format only. Progress sets may be provided in addition to the items below at the request of the Client. Conceptual Design Exhibit A, B, & C 3 Cupertino PV Document Review atiumengineering Reference #: P24DO.78 Page 2 of 7 Review of the conceptual narrative provided by Syserco Energy Solutions (1) Submittal ASSUMPTIONS Client shall provide backgrounds formatted in AutoCAD DWG file format Client shall provide as-built documents in digital format (if available) The project shall be commissioned (if required) by a third-party commissioning agent Project schedule is assumed to be as follows, subject to permitted and excusable delays as set forth herein: Cocneptual Design Review: 2 Weeks INCLUDED SERVICES General Review narrative and provide written comments, either directly on the PDF or as a separate word/excel document Photovoltaics Review electrical items, including, but not limited to: Interconnection to utility Proposed locations Energy estimates Single line diagrams Potential shading issues Equipment recommendations and specifications System sizing System wiring Helioscope outputs Potential code issues EXCLUDED SERVICES General Work on buildings or areas other than those noted above Attendance at meetings or site visits not noted above Construction management or bidding coordination Cost estimating Preparation of RFP document Review of RFP responses and evaluation of potential contractors Documentation of existing as-built conditions Supervision of contractors Record drawings of completed projects Design for, or documentation of, LEED, WELL, or any other building rating system Commissioning (Cx) of any systems Drawings of any kind Coordination of energy rebates with local utility Construction Administration of any kind TERMS AND CONDITIONS Agreement: The terms and fees noted herein shall be considered valid for 30 days from the date of the Agreement unless this Agreement is signed by both Engineer and Client. Client Responsibilities: The Client shall provide full and complete and accurate information regarding requirements for the Project. The Client shall designate, when necessary, a representative authorized to act in roject. The Client or such authorized representative shall examine the documents submitted by the Engineer and shall render decisions pertaining thereto promptly, to avoid so furnish required information as expeditiously as necessary for the orderly progress of the Work, and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. 3 TEXT REMOVED initials:Digitally signed by J. David Maino Date: 2024.12.18 07:50:51-08'00' Cupertino PV Document Review atiumengineering Reference #: P24DO.78 Page 7 of 7 Expenses for additional items such as mock-ups, sample equipment, etc., are not included in the fee noted below. Expenses associated with those items, if any, will be itemized and billed separately, at cost plus 10% handling charge. FEE Payment and Deliverables: Payment by Client is due within 30 days of receipt of invoice. Payment may be made via check (preferred) or via credit card. For credit card payments a 3% surcharge shall be added to the invoiced amount for processing. No deliverable items will be provided for this project before a valid contract is executed by both parties. Services will be provided on a Time and Materials, Not To Exceed (T&M NTE) basis the Client shall compensate the Engineer for the services and work described above on a Time and Materials (T&M) basis at an hourly rate as noted in the table below, with a Not to Exceed (NTE) amount as noted in the table below. Engineer shall provide itemized invoices detailing the hours spent each month and a brief description of what the time was spent on. Phase/Task T&M NTE Fee Rejected (Initial) PV Document Review:$3,400 $200/hr Changes in the scope of work, revisions after the submission of substantially completed documents, and/or review of change orders not initiated by, or as a result of actions by, this firm that results in additional work by this firm will require additional services. Additional proposals shall be provided and approved for these additional services prior to the commencement of work. The Client and Engineer agree in accordance with the Terms and Conditions of this Agreement that if the scope adjusted. APPROVAL To accept this proposed Agreement and all the terms and conditions therein, please sign below. To decline any of the services listed above, please initial the appropriate box to reject the fee and scope associated with that service, then date and sign below and return a copy to us via mail, or digitally via email. Any the Terms and Conditions of this Agreement. CLIENT: Susan Michael Date City of Cupertino ENGINEER: 10.29.24 J. David Maino Date Atium Engineering, Inc., President 33 TEXT REMOVED initials:Digitally signed by J. David Maino Date: 2024.12.18 07:50:59-08'00' Exh. D-Insurance Requirements, Atium Engineering, Inc. 1 Rev: December 2024 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $1,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: Business Automobile Liability insurance is not required under this Agreement except in the event Consultant uses vehicles in the operation of its business to provide services under this Agreement, Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount of one million dollars ($1,000,000) combined single limit per accident for owned, non-owned and hired vehicles (All Autos-Symbol 1). Evidence shall be provided with a Certificate of insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and Waiver of Subrogation coverage and endorsement under the policy prior to the use of any automobile. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Exh. D-Insurance Requirements, Atium Engineering, Inc. 2 Rev: December 2024 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Revised 2.06.23 Contractor/Consultant Affidavit of No Employees State of California County of Santa Clara City of Cupertino I, the undersigned, declare as follows: I am an independent contractor and the owner of . I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers’ compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertino’s contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers’ Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this ____day of ____________, 2024, at , California. ______________________________ PRINT NAME ______________________________ SIGNATURE J David Maino Atium Engineering 23 December San Ramon J David Maino INSURER(S) AFFORDING COVERAGE NAIC # INSURER F : INSURER E : INSURER D : NAME:CONTACT INSURER C : INSURER B : (A/C, No):FAX E-MAILADDRESS: CUSTOMER ID: PRODUCER PRODUCER (A/C, No, Ext):PHONE INSURED INSURER A : The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) REVISION NUMBER:CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGES $$ $BOILER & MACHINERY / EQUIPMENT BREAKDOWN $ $ $ TYPE OF POLICY CRIME POLICY NUMBER $ $ $ $ NAMED PERILS CAUSES OF LOSS TYPE OF POLICYINLAND MARINE $ RENTAL VALUE CONTENTS BUILDING DEDUCTIBLES WIND $ $ $ $ $ $ $ $ $ BLANKET BLDG & PP BLANKET PERS PROP BLANKET BUILDING EXTRA EXPENSE BUSINESS INCOME PERSONAL PROPERTY BUILDING FLOOD EARTHQUAKE SPECIAL BROAD BASIC CAUSES OF LOSS PROPERTY POLICY EXPIRATION DATE (MM/DD/YYYY) POLICY EFFECTIVE DATE (MM/DD/YYYY) INSR LTR LIMITSCOVERED PROPERTYPOLICY NUMBERTYPE OF INSURANCE $$ $ SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) © 1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION CERTIFICATE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE HOLDER 844-357-0403Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 5 Concourse Parkway Suite 2150 Atlanta GA, 30328 City of Cupertino 10300 Torre Ave Cupertino, CA 95014-3202 City of Cupertino Photovoltaic RFP Project Review (Atium Project #24DO.78) P100.359.791.8 A Hiscox Insurance Company Inc.10200 Atium Engineering 3533 York Ln San Ramon, CA 94582 X $ 500 06/27/2024 06/27/2025 $ 5,000X contact@hiscox.com 11/11/2024 Declarations Page HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 CGL D001 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © ISO Properties, Inc., 2000 Page 1 Commercial General Liability Declarations In return for the payment of the premium, and subject to all the terms of this Policy, we agree with you to provide the insurance as stated in this Policy. Declaration effective from:June 27, 2024 Policy No.:P100.359.791.8 Renewal of:P100.359.791.7 Named Insured:Atium Engineering Address:3533 York Ln San Ramon, CA 94582 Email Address:david.maino@gmail.com Policy period:From:June 27, 2024 To:June 27, 2025 At 12:01 A.M. (Standard Time) at the address shown above. Form of Business:Corporation Each Occurrence Limit:$1,000,000 Damage to Premises Rented to You Limit:$100,000 Any one premises Medical Expense Limit:$5,000 Any one person Personal & Advertising Injury Limit:$1,000,000 Any one person or organization General Aggregate Limit:$2,000,000 Products/Completed Operations Aggregate Limit: Products-completed operations are subject to the General Aggregate Limit Supplemental Business Personal Property Floater Coverage Limit: $5,000 Supplemental Business Personal Property Floater Coverage Deductible: $500 All Premises You Own, Rent or Occupy Premises Number: 1 Address:3533 York Ln San Ramon, CA 94582 Total Premium:549.00 Attachments:See attached Forms and Endorsements Schedule. HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 CGL D001 10 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © ISO Properties, Inc., 2000 Page 2 IN WITNESS WHEREOF, the Insurer indicated above has caused this Policy to be signed by its President and Secretary, but this Policy shall not be effective unless also signed by the Insurer's duly authorized representative. President Secretary Authorized Representative HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 INT D001 01 10 Page 1 of 1 Forms and Endorsements Schedule Forms and Endorsements made part of this policy at time of issue: CGL D001 10 18 - Commercial General Liability Declarations INT D001 01 10 - Forms and Endorsements Schedule CG 00 01 12 07 - General Liability Coverage Form CGL E5401 CW (03/10) - Definition of Employee CGL E5403 CW (03/10) - Notice Information CGL E5404 CW (03/10) - Exclusion - Personal Information CGL E5407 CW (03/10) - Exclusion - Professional Services CGL E5408 CW (03/10) - Cancellation Provision (14 Day Full Refund) CGL E5409 CW (03/10) - Right and Duty to Select Defense Counsel CGL E5421 CW (02/14) - Additional Insured - Automatic Status IL 00 17 11 98 - Common Policy Conditions IL 00 21 09 08 - Nuclear Energy Liability Exclusion Endorsement (Broad Form) CG 00 68 05 09 - Recording and Distribution of Material or Information in Violation of Law Exclusion CG 21 41 11 85 - Exclusion - Intercompany Products Suits CGL E5416 CW (01/13) - Exclusion - Construction Management Errors and Omissions Endorsement CG 22 43 04 13 - Exclusion - Engineers, Architects Or Surveyors - Professional Liability Endorsement CG 22 24 04 13 - Exclusion - Inspection, Appraisal And Survey Companies Endorsement CGL E1951 CW (05/20) - Contractors Conditions and Exclusions CGL E2221 CW (10/23) - Exclusion - Privacy and Cyber Incidents IL 02 70 09 08 - California Changes - Cancellation and Nonrenewal CG 32 34 01 05 - California Changes CGL E5420 CW (03/22) - Supplemental Business Personal Property Floater Coverage CGL E5581 CW (03/16) - Primary and Noncontributory - Other Insurance Condition CGL E5402 CW (03/10) - Modified Waiver of Transfer of Rights of Recovery Against Others To Us CG 21 73 01 15 - Exclusion Of Certified Acts Of Terrorism CGL E5405 CW (03/10) - Exclusion - Damage to Primary Residence CGL E2227 CW (03/23) - Amended War Exclusion INT N003 CW (01/19) - Policyholder Notice Electronic Delivery INT N001 CW (01/09) - Economic And Trade Sanctions Policyholder Notice Policy Wording COMMERCIAL GENERAL LIABILITY CG 00 01 12 07 CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II – Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this in- surance does not apply. We may, at our discre- tion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments – Coverages A and B. b.This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II – Who Is An Insured and no "employee" authorized by you to give or receive notice of an "oc- currence" or claim, knew that the "bodily in- jury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any con- tinuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have oc- curred by any insured listed under Paragraph 1.of Section II – Who Is An Insured or any "employee" authorized by you to give or re- ceive notice of an "occurrence" or claim, in- cludes any continuation, change or resumption of that "bodily injury" or "property damage" af- ter the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II – Who Is An In- sured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other in- surer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. Page 2 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 e. Damages because of "bodily injury" include damages claimed by any person or organiza- tion for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of liabil- ity assumed in an "insured contract", rea- sonable attorney fees and necessary litiga- tion expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are al- leged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alco- holic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unem- ployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share dam- ages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 3 of 16 f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your pol- icy as an additional insured with re- spect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any in- sured, other than that additional in- sured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the han- dling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the "pollutants" are brought on or to the premises, site or lo- cation in connection with such opera- tions by such insured, contractor or sub- contractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lu- bricants or other operating fluids which are needed to perform the normal electrical, hydraulic or me- chanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or re- lease of the fuels, lubricants or other operating fluids, or if such fuels, lu- bricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being per- formed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connec- tion with operations being performed by you or on your behalf by a con- tractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants". Page 4 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a govern- mental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or en- trustment to others of any aircraft, "auto" or wa- tercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employ- ment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or water- craft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured con- tract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equip- ment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li- censed or principally garaged; or (b) the operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equip- ment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 5 of 16 (5) That particular part of real property on which you or any contractors or subcontrac- tors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those op- erations; or (6) That particular part of any property that must be restored, repaired or replaced be- cause "your work" was incorrectly per- formed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you for a pe- riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III – Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. l. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a sub- contractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or danger- ous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ac- cidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, re- placement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and ad- vertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Distribution Of Material In Violation Of Statutes "Bodily injury" or "property damage" arising di- rectly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- rial or information. Page 6 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo- rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III – Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "per- sonal and advertising injury" to which this in- surance does not apply. We may, at our discre- tion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments – Coverages A and B. b. This insurance applies to "personal and adver- tising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowl- edge that the act would violate the rights of an- other and would inflict "personal and advertis- ing injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication of material, if done by or at the direction of the insured with knowl- edge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to li- ability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied con- tract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods – Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or per- formance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertise- ment". i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trade- mark, trade secret or other intellectual property rights. Under this exclusion, such other intellec- tual property rights do not include the use of another's advertising idea in your "advertise- ment". However, this exclusion does not apply to in- fringement, in your "advertisement", of copy- right, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web- sites for others; or CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 7 of 16 (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions Sec- tion. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertis- ing, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the in- sured hosts, owns, or over which the insured exercises control. l. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mis- lead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at any time. n. Pollution-Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes "Personal and advertising injury" arising di- rectly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "cover- age territory" and during the policy pe- riod; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examina- tion, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap- plicable limit of insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic de- vices; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. Page 8 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu- pies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a work- ers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products-completed opera- tions hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B 1. We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or "suit", includ- ing actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment in- terest based on that period of time after the of- fer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or depos- ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks dam- ages for which the insured has assumed the li- ability of the indemnitee in a contract or agree- ment that is an "insured contract"; b. This insurance applies to such liability as- sumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been as- sumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the inter- ests of the insured and the interests of the in- demnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indem- nitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coor- dinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 9 of 16 (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attor- neys' fees incurred by us in the defense of that in- demnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I – Cov- erage A – Bodily Injury And Property Damage Li- ability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litiga- tion expenses as Supplementary Payments ends when we have used up the applicable limit of in- surance in the payment of judgments or settle- ments or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II – WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insur- eds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their du- ties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "em- ployees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited li- ability company), to a co-"employee" while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other "volunteer workers" while perform- ing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volun- teer worker" as a consequence of Para- graph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or con- trol of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any mem- ber (if you are a limited liability company). Page 10 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That represen- tative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named In- sured if there is no other similar insurance avail- able to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III – LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed op- erations hazard". 4. Subject to Paragraph 2. above, the Personal and Advertising Injury Limit is the most we will pay un- der Coverage B for the sum of all damages be- cause of all "personal and advertising injury" sus- tained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property dam- age" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Ex- pense Limit is the most we will pay under Cover- age C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 11 of 16 (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insur- ance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Dam- age Liability. (b) Any other primary insurance available to you covering liability for damages aris- ing out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Page 12 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other in- surance. (4) We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer con- tributes equal amounts until it has paid its ap- plicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products or ser- vices for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web-sites, only that part of a web- site that is about your goods, products or ser- vices for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment". CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 13 of 16 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or dam- age arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or simi- lar electronic means of communication provided the insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 7. "Hostile fire" means one which becomes uncon- trollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the re- pair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property dam- age" to a third person or organization. Tort li- ability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, inspection, ar- chitectural or engineering activities. Page 14 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, water- craft or "auto" to the place where it is finally de- livered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not at- tached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi- cle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person oc- cupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or or- ganization or disparages a person's or organi- zation's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of pri- vacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 15 of 16 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products-completed operations hazard": a. Includes all "bodily injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the fol- lowing times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your con- tract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equip- ment or abandoned or unused materials; or (3) Products or operations for which the classi- fication, listed in the Declarations or in a policy schedule, states that products- completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from com- puter software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this in- surance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. 19. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. 20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, dis- tributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose busi- ness or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your prod- uct"; and Page 16 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 (2) The providing of or failure to provide warn- ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth- ers but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b.Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your work", and (2) The providing of or failure to provide warn- ings or instructions. Endorsements Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5401 CW (03/10)Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DEFINITION OF EMPLOYEE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART In Section V – DEFINITIONS, Definition 5. “Employee” is deleted and replaced with the following: 5. “Employee” includes a “leased worker” and a “temporary worker”. P100.359.791.8 Atium Engineering 1 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5403 CW (03/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. NOTICE INFORMATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Where To Send Notice Phone: 866-424-8508 Email: reportaclaim@hiscox.com Mail: Hiscox 5 Concourse Parkway, Suite 2150 Attn: Direct Claims Atlanta GA, 30328 Subparagraph 2. Duties In The Event Of Occur- rence, Offense, Claim Or Suit in Section IV – COMMERCIAL GENERAL LIABILITY CONDI- TIONS is amended to include the following: Any notification required by this policy shall be pro- vided to us at the address listed in the above SCHEDULE. P100.359.791.8 Atium Engineering 2 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5404 CW (03/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. EXCLUSION – PERSONAL INFORMATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 2. Exclusions under Section I – COV- ERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE C – MEDICAL PAYMENTS is amended to include the following exclusion: Personal Information “Bodily injury”, “property damage” or “personal and advertising injury” caused by the insured’s failure to protect any non-public, personally identifiable infor- mation in the insured’s care, custody or control. P100.359.791.8 Atium Engineering 3 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5407 CW (03/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. EXCLUSION – PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 2. Exclusions under Section I – COVERAGE A – BODILY INJURY AND PROPER- TY DAMAGE LIABILITY, and COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, is amended to include the following exclusion: Professional Services “Bodily injury”, “property damage” or “personal and advertising injury” caused by the rendering or failure to render any professional service. This exclusion applies even if the claims allege neg- ligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by an insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering or failure to render any pro- fessional service. P100.359.791.8 Atium Engineering 4 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5408 CW (03/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CANCELLATION PROVISION (14 DAY FULL REFUND) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All Coverage Parts included in this policy are subject to the following condition: Notwithstanding anything in the “COMMON POLICY CONDITIONS” or any other cancellation provision to the contrary, if the first Named Insured cancels within 14 days of the inception of the policy period shown in the Declarations without there having been: (i) an “occurrence” that caused “bodily in- jury” or “property damage”; (ii) an offense arising out of your business that caused a “personal and advertising injury”; or (iii) an accident that caused “bodily injury”; then we shall return in full any pre- mium amount actually paid to us. In such event, the effective date of cancellation shall be deemed to be the inception date of the policy period shown in the Declarations. P100.359.791.8 Atium Engineering 5 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5409 CW (03/10)Page 1 of 1 RIGHT AND DUTY TO SELECT DEFENSE COUNSEL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART In regard to any covered “suit” seeking damages under Section I – COVERAGE A – BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, our right and duty to defend shall include the right to select defense counsel. P100.359.791.8 Atium Engineering 6 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5421 CW (02/14)Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ADDITIONAL INSURED –AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Section II –Who Is An Insured is amended to include as an additional insured any per- son(s) or organization(s)for whom you are performing operations or leasing a premises when you and such person(s) or organiza- tion(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tion(s) be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to lia- bility for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing opera- tions; or 2.In connection with your premises owned by or rented to you. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations or lease agreement for that additional insured are completed. P100.359.791.8 Atium Engineering 7 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A.Cancellation 1.The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deli- vering to us advance written notice of cancella- tion. 2.We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a.10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b.30 days before the effective date of cancel- lation if we cancel for any other reason. 3.We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5.If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6.If notice is mailed, proof of mailing will be suff i- cient proof of notice. B.Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C.Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D.Inspections And Surveys 1.We have the right to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. 3.Paragraphs 1.and 2.of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4.Paragraph 2.of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordin- ances or regulations, of boilers, pressure ves- sels or elevators. E.Premiums The first Named Insured shown in the Declara- tions: 1.Is responsible for the payment of all premiums; and 2.Will be the payee for any return premiums we pay. P100.359.791.8 Atium Engineering 8 06/27/2024 Page 2 of 2 Copyright, Insurance Services Office, Inc., 1982, 1983 IL 00 17 11 98 F.Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 21 09 08 © ISO Properties, Inc.,2007 Page 1 of 2 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuc- lear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mu- tual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a)any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b)the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- ous properties" of "nuclear material", if: (1)The "nuclear material" (a)is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b)has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuc- lear facility", but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3)applies only to "property dam- age" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: P100.359.791.8 Atium Engineering 9 06/27/2024 Page 2 of 2 © ISO Properties, Inc.,2007 IL 00 21 09 08 "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "spe- cial nuclear material" or "by-product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com- ponent, solid or liquid, which has been used or ex- posed to radiation in a "nuclear reactor". "Waste" means any waste material (a)containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nuc- lear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1)separating the isotopes of uranium or plutonium, (2)processing or utilizing "spent fuel", or (3)handling, processing or packag- ing "waste"; (c) Any equipment or device used for the processing, fabricating or alloying of "spe- cial nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioac- tive contamination of property. Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: CG 00 68 05 09 © Insurance Services Office, Inc.,2008 Page 1 of 1 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q.of Paragraph 2. Exclusions of Sec- tion I – Coverage A – Bodily Injury And Proper- ty Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to vi- olate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accu- rate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordin- ance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the print- ing, dissemination, disposal, collecting, recording, sending, transmitting, com- municating or distribution of material or information. B. Exclusion p. of Paragraph 2. Exclusions of Sec- tion I – Coverage B – Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising di- rectly or indirectly out of any action or omis- sion that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accu- rate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordin- ance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the print- ing, dissemination, disposal, collecting, recording, sending, transmitting, com- municating or distribution of material or information. P100.359.791.8 Atium Engineering 10 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 41 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 EXCLUSION – INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any claim for dam- ages by any Named Insured against another Named Insured because of "bodily injury" or "property dam- age" arising out of "your products" and included within the "products-completed operations hazard." P100.359.791.8 Atium Engineering 11 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CGL E5416 CW (01/13)Page 1 of 1 EXCLUSION –CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of Section I –Coverage A –Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I –Coverage B –Personal And Advertising Injury Liability: This insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” arising out of: 1.The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project on which you serve as a construction manager; or 2.Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager. while in the care, custody or control of any insured, or This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved that which is described in Paragraph 1. or 2.. P100.359.791.8 Atium Engineering 12 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 22 43 04 13 © Insurance Services Office, Inc.,2012 Page 1 of 1 EXCLUSION –ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I –Coverage A –Bodily Injury And Property Damage Liability and Paragraph 2.Exclusions of Section I –Coverage B –Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you or any engineer, architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include: 1.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you or any engineer, architect or surveyor who is either employed by you or performing work on your behalf in such capacity. P100.359.791.8 Atium Engineering 13 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 22 24 04 13 © Insurance Services Office, Inc.,2012 Page 1 of 1 EXCLUSION –INSPECTION, APPRAISAL ANDSURVEY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I –Coverage A –Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I –Coverage B –Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" for which the insured may be held liable because of the rendering of or failure to render professional services in the performance of any claim, investigation, adjustment, engineering, inspection, appraisal, survey or audit services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render professional services in the performance of any claim, investigation, adjustment, engineering, inspection, appraisal, survey or audit services. P100.359.791.8 Atium Engineering 14 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E1951 CW (05/20) Include s copyrighted material of Page 1 of 10 Insurance Services Offices, Inc., with its permission. CONTRACTORS CONDITIONS AND EXCLUSIONS In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, condit ions, and exclusions unchanged, it is agreed this endorsement modifies insurance provided under the fo llowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. What is covered This insurance applies only to “bodily injury, “property damage”, and/or “personal and advertising injury”, that is caused by or results from the performance of the specified business operations described in the insured’s application for this policy during the policy period. It is further agreed the application for this policy is deemed a part of and attached to this policy. II. Exclusions - What is not covered A. Bodily Injury and Property Damage Exclusions The following exclusions are added to SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions. This insurance does not apply to, and we will have no duty to investigate, adjust or defend, or to pay any investigation, adjustment or defense costs, including attorney’s fees, to defend any insured against any claim or “suit” alleging damages arising out of or related to “bodily injury” or “property damage” to which any of the below exclusions apply. These exclusions will apply to any operations that occur prior to the inception of the policy, during this policy period, or prior to the inception of the policy and continuing throughout the policy period. Continuous or Progressive Bodily Injury and Property Damage “Bodily injury” or “property damage”, including continuous, progressively deteriorating, or repeated “bodily injury” or “property damage”, that: (1) first existed, or is alleged to have first existed, prior to the incep tion of continuous coverage with us; (2) is, or is alleged to be, in the process of taking place prior to the inception of continuous coverage with us, even if such actual or alleged “bodily injury” or “property damage” continues during the policy peri od; or (3) is caused, or is alleged to have been caused, by the same condition which P100.359.791.8 Atium Engineering 15 06/27/2024 CGL E1951 CW (05/20) Includes copyrighted material of Page 2 of 10 Insurance Services Offices, Inc., with its permission. resulted in such actual or alleged “bodily injury” or “property damage” which first existed prior to the inception of continuous coverage with us. Injury to Employees, Contractors, and Employees of Contractors “Bodily injury” to: (1) any “employee” of any insured; or (2) any person(s) who provides services directly or indirectly to or for any insured, regardless of where the services are performed or where th e "bodily injury" occurs, including but not limited to a "leased worker", a "temporary worker", a "volunteer worker", a statutory employee, a casual worker, a seasonal worker, a contractor, a subcontractor, an independent contractor, or any person(s) hired by, loaned to, employed by, or contracted by any insured or any insured's contractor, subcontractor, or independent contractor , arising out of and in the course of the employment or retention by or for any insured or the performance of any duties related to the conduct of any insured’s business; or (3) the spouse, child, parent, brother, or sister of any such person(s) described in parts (1) and (2) above, as a consequence of the above, including but not limited to mental anguish, emotional distress, loss of consortium, loss of companionship, loss of guidance, loss of emotional support, and any similar injury or damage. This exclusion applies whether any insured may be liable as an employer or in any other capacity and to any obligation to indemnify or contribute or share damages with someone else who must pay damages because of the injury. Prior Completed or Abandoned Work “Bodily injury” or “property damage” based upon or arising out of operations or “your work”, conducted by you or on your behalf, or work conducted by an unrelated party, which: (1) was completed prior to the inception date of this policy or the earliest inception of continuous coverage with us; or (2) you or any other party abandoned or have not provided labor, mate rials, or services for 60 days. The following exclusions are amended as follows for purposes of this Endorsement: In SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, exclusion a. Expected Or Intended Injury and exclusion f. Pollution are deleted in their entirety and replaced with the following: Expanded Intentional Injury “Bodily injury” or “property damage”: (1) expected or intended from the standpoint of the insured; or (2) based upon or arising out of: (a) any actual, threatened, or alleged assault or battery; (b) the failure of any insured or anyone else for whom any insured is or could be held legally liable to prevent or suppress any assault or battery; (c) the failure of any insured or anyone else for whom any insured is or could be held legally liable to render or secure medical treatment necessitated by any assault or battery; (d) the rendering of medical treatment by any insured or anyone else for whom any insured is or could be held legally liable that was necessitated CGL E1951 CW (05/20) Includes copyrighted material of Page 3 of 10 Insurance Services Offices, Inc., with its permission. by any assault or battery; (e) the negligent employment, investigation, supervision, training, or retention of a person for whom any insured is or ever was legally responsible and whose conduct woul d be excluded by any of subsections a through d above; or (f) any other cause of action, claim, or “suit” arising out of or resulting from any of the above. Pollution (1) “Bodily injury” or “property damage” based upon or arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of “pollutants” at any time. However, this exclusion does not apply to “bodily injury” or “property damage” based upon or arising out of heat, smoke, or fumes from a “hostile fire” unless that “hostile fire” occurred or originated at any premises, site, or location: (a) which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing, or treatment of waste; or (b) on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to, or assess the effects of, “pollutants”. (2) Any loss, cost, or expense based upon or arising out of any: (a) request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of “pollutants”; or (b) claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to, or assessing the effects of, “pollutants”. B. Personal and Advertising Injury Exclusions The following exclusions are added to SECTION I – COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions. This insurance does not apply to, and we will have no duty to investigate, adjust or defend, or to pay any investigation, adjustment or defense costs, including attorney’s fees, to defend any insured against any claim or “suit” alleging damages arising out of or related to “personal and advertising injury” to which any of the below exclusions apply. This exclusion will apply regardless of whether any operations occur prior to the inception of the policy, during this policy period, or prior to the inception of the policy and continuing throughout the policy period. Continuous or Progressive Personal and Advertising Injury “Personal and advertising injury”, including continuous, progressively deteriorating, or repeated “personal and advertising injury”, that is based upon or arises out of an offense that: (1) first existed, or is alleged to have first existed, prior to the inception of continuous coverage with us; (2) is, or is alleged to be, in the process of taking place p rior to the inception of continuous coverage with us, even if such actual or alleged offense continues during the policy period; or CGL E1951 CW (05/20) Includes copyrighted material of Page 4 of 10 Insurance Services Offices, Inc., with its permission. (3) is caused, or is alleged to have been caused, by the same condition which resulted in such actual or alleged offense which first existed prior to the inception of continuous coverage with us. C. Exclusions Applicable to Bodily Injury, Property Damage, and Personal and Advertising Injury The following exclusions are added to both SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I – COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions. This insurance does not apply to, and we will have no duty to investigate, adjust or defend, or to pa y any investigation, adjustment or defense costs, including attorney’s fees, to defend any insured against any claim or “suit” alleging damages arising out of or related to “bodily injury”, “property damage”, or “personal and advertising injury” to which any of the below exclusions apply. These exclusions will apply regardless of whether any operations occur prior to the inception of the policy, during this policy period, or prior to the inception of the policy and continuing throughout the policy period. Asbestos “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of any actual or alleged: (1) mining, processing, manufacturing, use, testing, ownership, sale, or removal of asbestos, asbestos fibers, or material containing asbestos; (2) exposure to asbestos, asbestos fibers, or materials containing asbestos; or (3) provision of instructions, recommendations, notices, warnings, supervision, or advice given, or which should have been given, in connection with asbestos, asbestos fibers, or structures or materials containing asbestos. Biological Agents “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of: (1) the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of “biological agents”; or (2) any: (a) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of any “biological agents”; or (b) claim, “suit”, or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of any “biological agents”. Chromated Copper Arsenate “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of operations or “your work”, conducted by you or on your behalf, or work conducted by an unrelated party, involving any actual, alleged, or threatened exposure at any time to chromated copper arsenate (CCA), regardless of whether: (1) such CCA is in pure form or is or was combined with any othe r chemical product or material; or (2) the existence of or exposure to CCA is alleged to have caused damage in any sequence or combination with, or contributed to or was contributed to by, any other cause or causes of injury or damage. This exclusion also applies to any loss, cost, or expense that may be awarded or incurred by reason of a claim or “suit” for any such injury or damage described above. CGL E1951 CW (05/20) Includes copyrighted material of Page 5 of 10 Insurance Services Offices, Inc., with its permission. This includes, but is not limited to, any injury or damage actually or allegedly caused by the removal, eradication, detoxification, remediation, or decontamination of CCA or property containing CCA and includes any liability, cost, or expense to remediate or prevent “bodily injury”, “property damage”, or “personal and advertising injury” from CCA. Commercial or Industrial Boilers or Pressure Vessels “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of operations or “your work”, conducted by you or on your behalf, or work conducted by an unrelated party, involving any commercial or industrial boilers or pressure vessels, including but not limited to: (1) installation; (2) cleaning; (3) repair; (4) servicing; or (5) inspection. Communicable Disease “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of any actual or alleged “communicable disease” or the fear or threat, whether real or perceived, of a “communicable disease”. This exclusion applies even if any other cause or event contributes concurrently or in any sequence to the damages. This exclusion applies even if any claim or “suit” against any insured alleges negligence or other wrongdoing in the: (1) supervision, hiring, employment, training, or monitoring of others tha t may be infected with and spread any “communicable disease”; (2) testing or failure to test for any “communicable disease”; (3) failure to prevent the spread of any “communicable disease”; or (4) failure to report any “communicable disease” to authorities. This exclusion also applies to any loss, cost, or expense incurred by you or on your behalf to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of, any “communi cable disease” or any substance that may cause or transmit any “communicable disease”. Cross-Suits “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of operations or “your work”, conducted by you or on your behalf, or work conducted by an unrelated party, alleged in any claim or “suit” brought by a Named Insured, Additional Named Insured, or Additional Insured against any other Named Insured, Additional Named Insured, or Additional Insured. Demolition or Wrecking “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of operations or “your work”, conducted by you or on your behalf, or work conducted by an unrelated party, involving any demolition, collapse, or structural injury of any building or structure, partially or in its entirety, by: (1) wrecking ball or similar apparatus; (2) explosives or blasting; or CGL E1951 CW (05/20) Includes copyrighted material of Page 6 of 10 Insurance Services Offices, Inc., with its permission. (3) grading of land, excavating, burrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work or moving, shoring, underpinning, raising or rebuilding any building, or any similar activity. This exclusion also applies to underground “property damage” of wires, conduits, pipes, mains, sewers, tanks, tunnels, or any other similar property beneath the surface of the ground or water. Employment- Related Practices Liability Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of any actual or alleged: (1) obligation under any workers’ compensation, unemployment compensation, employers’ liability, fair labor standards, labor relations, wage and hour, or disability benefit law, including any similar provisions of any federal, state, or local statutory or common law; (2) liability or breach of any duty or obligation owed by you as an empl oyer or prospective employer; (3) refusal to employ a person or the termination of a person’s employment; or (4) harassment, wrongful termination, retaliation, or discriminatio n, including but not limited to adverse or disparate impact, including any resulting damages sustained at any time by the brother, child, parent, sister, or spouse of such person as a consequence of the above. This exclusion will apply whether you may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of any of the above. Excluded Costs And Damages Any: (1) civil, regulatory, or criminal fines; (2) restitution or disgorgement; or (3) sanctions, taxes, or penalties, including those imposed by any federal, state, or local government authority, or any multiple, punitive, or exemplary damages. Exterior Insulation “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of: (1) the design, manufacture, construction, fabrication, preparation, distribution and sale, installation, application, maintenance or repair, including remodeling, service, correlation or replacement, of any “exterior insulation and finish system”, or any substantially similar system, including the application or use of conditioners, primers, accessories, flashings, coatings, caulking, or sealants in connection with such system; or (2) “your product” or “your work” with respect to any exterior component, fixture, or feature of any structure if any “exterior insulation and finish system”, or any substantially similar system, is used on the part of that structure containing tha t component, fixture, or feature. Forestry Operations “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of: CGL E1951 CW (05/20) Includes copyrighted material of Page 7 of 10 Insurance Services Offices, Inc., with its permission. (1) fire, including the cost to extinguish, fight, contain, or clean up debris due to such fire; (2) the loading or unloading from any vehicle of any timber or other materials relating to forestry, logging, lumbering, or similar land clearing operations; (3) erosion or the failure to control such erosion; or (4) the erroneous cutting or removal of trees or crops, resulting from operations or “your work”, conducted by you or on your behalf, or work conducted by an unrelated party, involving forestry, logging, lumbering, or similar land clearing operations. Foundation Repair, Stabilization, Retrofitting “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of operations or “your work”, conducted by you or on your behalf, or work conducted by an unrelated party, involving foundation repai r, stabilization, or retrofitting. Lead “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of: (1) the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of lead; or (2) any: (a) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effect of lead; or (b) claim, “suit”, or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of lead. Multi-Unit Property “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of operations or “your work”, conducted by you or on your behalf, or work conducted by an unrelated party, involving: (1) any “multi-unit property” or “tract home project” in which more than ten (10) houses or dwelling units have been built, or are in any stage of development, planning, or construction; or (2) the remodeling or conversion of any existing “apartment” or commercial or industrial building to a “multi-unit property”. This exclusion does not apply to “bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of: (1) the original construction of any “apartment”; or (2) “repair or remodeling” conducted by you or on your behalf on any single unit of “residential property”, other than an “apartment”, provided that the unit is certified for occupancy prior to the commencement of the repair or remodel work. Silica or Silica- Related Dust “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of any: (1) actual, alleged, or threatened exposure to, inhalation of, or contact with silicon dioxide, silica products, silica fibers, silica dust, any silica byproducts, or silica, whether alone or in combination with any substance, product, or material; or CGL E1951 CW (05/20) Includes copyrighted material of Page 8 of 10 Insurance Services Offices, Inc., with its permission. (2) loss, cost, or expense arising out of any testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of any material containing silica. Subsidence/Earth Movement “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of the “subsidence” of land. Toxic Drywall and Similar Products (1) “Bodily injury” or “property damage” based upon or arising out of any “your work” or work conducted by an unrelated party, arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, or escape of any solid, liquid, gaseous, or thermal irritant or contaminant from any “toxic drywall and similar products”. (2) Any loss, cost, or expense based upon or arising out of any: (a) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of any “toxic drywall and similar products”. (b) claim or “suit” by or on behalf of a governmental authority for damages because of testing, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of “toxic drywall and similar products”. Work Insured Under Wrap-Up Program “Bodily injury”, “property damage”, or “personal and advertising injury” based upon or arising out of either your ongoing operations or operations included within the “products- completed operations hazard”, if a consolidated (wrap -up) insurance program has been provided by the contractor, project manager, or owner of the construction project in which you are involved. This exclusion will apply regardless of whether the consolidated (wrap-up) insurance program provides identical coverage to that afforded by this policy. D. Exclusions Applicable to Medical Payments The following exclusion is amended as follows for purposes of this Endorsement: In SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, 2. Exclusions, exclusion a. Any Insured is deleted in its entirety and replaced with the following: Any Insured to any insured. III. Definitions A. The following definitions apply to this Endorsement. Additional definitions are contained in SECTION V – DEFINITIONS. “Apartment” means a unit of residential real property in a multi-family residential building or project where all units are owned by and titled to a single person or entity. “Biological agents” means any: a. (1) bacteria; (2) mildew, mold, or fungi; (3) other microorganisms; or (4) mycotoxins, spores, or other byproducts of any of the above; CGL E1951 CW (05/20) Includes copyrighted material of Page 9 of 10 Insurance Services Offices, Inc., with its permission. b. viruses or other pathogens (whether or not a microorganism); or c. colony or group of any of the above. “Communicable disease” means disease, illness, or disorder caused by bacteria, viruses, parasites, fungi, prions, microbes, or other pathogens, which: a. can be transmitted, directly or indirectly, from one organism to another organism by any means; and b. induces or is capable of inducing damage to human health or human welfare or can cause or threaten damage to, or deterioration or loss of, property or loss of use of property. “Exterior insulation and finish system” means a non-load bearing exterior cladding or finish system, and all its component parts, used on any part of any structure, and consisting of: a. a rigid or semi-rigid insulation board made of expanded polystyrene and other materials; b. the adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; c. a reinforced or unreinforced base coat; d. a finish coat providing surface texture to which color may be added; and e. any flashing, caulking, or sealant used with the system for any purpose. “Multi-unit property” means any unit of real property in a multi-use or mixed-use building or property where each unit can be separately owned and titled. “Repair or remodeling” means work or operations limited to the maintenance, repair, renovation, restoration, improvement, betterment, alteration, or modification of an existing structure. “Repair or remodeling” does not include such work or operations where 50% or more of the existing structure on which such work or operations are performed has been, or during the course of the work or operations is, demolished. “Residential property” means any structure intended for use or used for human dwelling, in whole or in part, including but not limited to, single-family dwellings, multi-family dwellings, townhomes, condominiums, and appurtenant structures. “Subsidence” means earth movement of any kind, including but not limited to: a. landslide; b. mudflow; c. earth sinking; d. earth rising; e. collapse or movement of fill; f. improper compaction; g. earth settling, slipping, falling away, caving in, eroding, or tilting; h. earthquake; or CGL E1951 CW (05/20) Includes copyrighted material of Page 10 of 10 Insurance Services Offices, Inc., with its permission. i. any other movement of land or earth, regardless of whether such earth movement is caused by any human act or any act of nature. “Toxic drywall and similar products” means any sheetrock, gypsum board, wallboard, or any other similar product which: a. was manufactured in or distributed from the People’s Republic of China (PRC); or b. emits: (1) hydrogen sulfide (H2S); (2) sulfur dioxide (SO2); (3) strontium sulfide (SrS); or (4) carbonyl sulfide (COS). “Tract home project” means a development of five (5) or more individual and freestanding houses which share common or similar design elements, floor plans, blueprints, and/or architectural details, and which are constructed at the same time, or consecutively, on the same parcel, adjacent parcels, or parcels so located within one geographic area as to be considered a single project. B. The following definition is amended as follows for purposes of this Endorsement: In Section V – Definitions, Subpart (2)(c) of the “Products-completed operations hazard” definition is deleted in its entirety and replaced with the following: (c) When that part of the work done at a job site has been put to its intended use by any person or organization. IV. Conditions The following conditions apply and are conditions precedent to coverage under this policy. Additional conditions are contained in SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS. Anti-Stacking Notwithstanding anything to the contrary in this policy, in the event this policy and any other policy issued to any insured by us or an affiliated company apply to the same occurrence or offense, the maximum limit of our liability under all such policies will not exceed the highest applicable limit of insurance available for the occurrence or offense under any one policy. Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E2221 CW (10/23) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. EXCLUSION – PRIVACY AND CYBER INCIDENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 2. Exclusions under Section I – COV- ERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, and COV- ERAGE C – MEDICAL PAYMENTS is amended to include the following exclusion: Privacy, Biometrics, and Cyber Incidents ''Bodily injury'', ''property damage'' or ''personal and advertising injury'' based upon or arising out of any actual or alleged: (1) unauthorized or improper acquisition, ac- cess, use, disclosure, collection, possession, handling, storage, dissemination, destruc- tion, capture, sale, purchase, or retention of, or failure to protect or safeguard any non- public personally identifiable information, bio- metric identifiers, biometric data, biometric in- formation, confidential and sensitive infor- mation, genetic information, or confidential corporate information; (2) violation of any federal, state, local, or foreign privacy law, biometric information law, con- sumer data protection law, or any common law governing, relating to, or protecting against the use, collection, or disclosure of any information about a person or any con- duct, data, or information described in sub- part (1) above, including but not limited to the Illinois Biometric Information Privacy Act (BIPA) and the California Consumer Privacy Act (CCPA); (3) denial of service or delay, disruption, impair- ment, failure, or outage of any part of a com- puter system or network, regardless of whether the insured controls or owns the computer system or network; (4) unauthorized or unlawful access to any elec- tronic data or any part of a computer system or network, including through the transmis- sion of any malicious code, such as a com- puter virus, worm, logic bomb, malware, spy- ware, Trojan horse, or other fraudulent or un- authorized computer code, regardless of whether the insured controls or owns the computer system or network; or (5) threat, hoax, trick, or demand relating to sub- parts (1) through (4) above. This exclusion will apply even if the claim alleges neg- ligence or other wrongdoing in the: (a) failure to prevent any cyber incident listed in sub- parts (1) through (4) of this exclusion or any resulting ''property damage'', ''bodily injury'', or ''personal and advertising injury''; or (b) failure to report any cyber incident listed in sub- parts (1) through (4) of this exclusion to the authori- ties. P100.359.791.8 Atium Engineering 16 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 02 70 09 08 © ISO Properties, Inc.,2007 Page 1 of 4 CALIFORNIA CHANGES – CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com- mon Policy Condition are replaced by the follow- ing: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured at the mailing address shown in the policy and to the producer of record, advance written no- tice of cancellation, stating the reason for can- cellation, at least: a. 10 days before the effective date of cancel- lation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a)Any insured or his or her representa- tive in obtaining this insurance; or (b)You or your representative in pur- suing a claim under this policy. b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepre- sentation by: (a) Any insured or his or her representa- tive in obtaining this insurance; or (b) You or your representative in pur- suing a claim under this policy. (3)A judgment by a court or an administra- tive tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks in- sured against. P100.359.791.8 Atium Engineering 17 06/27/2024 Page 2 of 4 © ISO Properties, Inc.,2007 IL 02 70 09 08 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your repre- sentative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control re- quirements, agreed to by you as a con- dition of policy issuance, or which were conditions precedent to our use of a par- ticular rate or rating plan, if that failure materially increases any of the risks in- sured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsur- ance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the com- mercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, in- creased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpay- ment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancella- tion Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for resi- dential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a resi- dential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part – Farm Property – Farm Dwellings, Appurtenant Structures And House- hold Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of cover- age we previously issued, we may cancel this coverage for any reason, except as provided in b.and c.below. b. We may not cancel this policy solely be- cause the first Named Insured has: (1) Accepted an offer of earthquake cover- age; or (2)Cancelled or did not renew a policy issued by the California Earthquake Au- thority (CEA) that included an earth- quake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that in- cludes an earthquake policy premium sur- charge but fails to pay the earthquake poli- cy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This Restriction (c.)applies only if coverage is subject to one of the fol- lowing, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part – Causes Of Loss – Special Form; or (3) Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. IL 02 70 09 08 © ISO Properties, Inc.,2007 Page 3 of 4 C. The following is added and supersedes any provi- sions to the contrary: NONRENEWAL 1. Subject to the provisions of Paragraphs C.2. and C.3.below, if we elect not to renew this policy, we will mail or deliver written notice stat- ing the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Capital Assets Program (Output Policy) Cover- age Part Commercial Property Coverage Part Farm Coverage Part – Farm Property – Farm Dwellings, Appurtenant Structures And House- hold Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b.,c. and d.below: b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to in- surers who are associate participating in- surers as established by Cal. Ins. Code Section 10089.16. We may elect not to re- new such coverage after the first Named Insured has accepted an offer of earth- quake coverage, if one or more of the fol- lowing reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as re- quired by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous con- dition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the pre- ceding two years and that required a re- duction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b)Experienced a substantial increase in the premium charged for reinsur- ance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions ex- ist on the premises. This Restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or dam- age caused by or resulting from corrosive soil conditions: (1)Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part – Causes Of Loss – Special Form; or (3) Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. 3. We are not required to send notice of nonre- newal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions, or rates, is between us and a member of our insur- ance group. Page 4 of 4 © ISO Properties, Inc.,2007 IL 02 70 09 08 b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1.,to re- new the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 32 34 01 05 © ISO Properties, Inc.,2004 Page 1 of 1 CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The term "spouse" is replaced by the following: Spouse or registered domestic partner under Califor- nia law. P100.359.791.8 Atium Engineering 18 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5420 CW (03/22) Includes copyrighted material of Page 1 of 4 Insurance Services Offices, Inc., with its permission. SUPPLEMENTAL BUSINESS PERSONAL PROPERTY FLOATER COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All terms, conditions, and definitions of the Commercial General Liability Form and the following terms, conditions, and definitions apply to this Coverage. Words and phrases that appear in quotes are defined in the Commercial General Liability Form or this Endorsement and are given their defined meaning. SCHEDULE Limit of Insurance (per “occurrence”) Deductible (per “occurrence”) $ Away from premises sublimit: $ $ A. The following is added to SECTION I – COVERAGES: COVERAGE D – SUPPLEMENTAL BUSINESS PERSONAL PROPERTY 1. Insuring Agreement a. We will pay for direct physical loss of or damage to Covered Property caused by an “occurrence” during the policy period. b. Covered Property Covered Property means the following, if used primarily in connection with your busi- ness activities: (1) computer hardware capable of accept- ing information, processing it according to a plan, and producing the desired re- sults (including desktop and laptop computers, electronic tablets and mobile phones), as well as related peripheral equipment, including printers, video dis- play monitors, modems, surge protec- tors, keyboards, routers, and servers; (2) air conditioning and fire protection equipment used exclusively in computer operations; (3) telephone systems and their component parts that you own; and (4) all other business personal property of yours. c. Property Not Covered Covered Property does not include: (1) Automobiles, motor trucks, tractors, trailers, or other vehicles, whether or not licensed for use on public roads. (2) Aircraft, drones, or watercraft (including motors, equipment, and accessories); (3) Money or securities; (4) Real property, land (whether resurfaced with stone, gravel, or another similar layer, including land on which the prop- erty is located), water, crops, or lawns; 500 5,000 P100.359.791.8 Atium Engineering 19 06/27/2024 2,500 CGL E5420 CW (03/22) Includes copyrighted material of Page 2 of 4 Insurance Services Offices, Inc., with its permission. (5) Outdoor fences, radio, or television an- tennas (including satellite dishes) and their lead-in wiring, masts, or towers, signs, trees, shrubs, or plants; (6) “Electronic data”; (7) Plans, blueprints, designs, or specifica- tions; (8) Property while waterborne, except while in transit on ferries operating on the navigable waters of the Continental United States and Canada (other than to or from Alaska); (9) Property while under water or while be- ing used in underground mining, tunnel- ing, or similar operations; (10) Property that you loan, lease, or rent to others; (11) Contraband or property in the course of illegal transportation or trade; (12) Animals; (13) Tools, small equipment, and clothing belonging to your employees; or (14) Spare parts that are specifically de- signed and intended for use in the maintenance and operation of Covered Property. 2. Exclusions This insurance does not apply to, and we will not pay for loss or damage caused directly or indi- rectly by or resulting from, any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concur- rently or in any sequence to the loss or damage. a. Earthquake But if earthquake results in fire, we will pay for the direct loss or damage caused by that fire if the fire would be covered under this Endorsement. b. Governmental Action Seizure, confiscation, destruction, or quaran- tine of property by order of any governmen- tal or civil authority. But we will pay for loss or damage caused by or resulting from acts of destruction by the governmental or civil authority to prevent the spread of fire if such fire would be cov- ered under this Endorsement. c. Nuclear Hazard Nuclear reaction, nuclear radiation, or radio- active contamination, however caused. But if nuclear reaction, nuclear radiation, or radioactive contamination results in fire, we will pay for the direct loss or damage caused by that fire if the fire would be covered under this Endorsement. d. War And Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign, or other au- thority using military personnel or other agents; (3) Insurrection, rebellion, revolution, usurped power, or action taken by gov- ernmental authority in hindering or de- fending against any of these; or (4) The discharge of a nuclear weapon. e. Water (1) Flood, surface water, waves (including tidal wave and tsunami), tides, tidal wa- ter, overflow of any body of water, or spray from any of these, all whether or not driven by wind (including storm surge); or (2) Waterborne material carried or otherwise moved by any of the water referred to in subpart (1). (3) continuous or repeated seepage or leak- age of water, or the presence or con- densation of humidity, moisture, or va- por, that occurs over a period of 14 days or more. This exclusion applies regardless of whether any of the above is caused by an act of na- ture or other cause. But if any of the above in subparts (1) and (2) results in fire, explosion, or theft, we will pay for the direct loss or damage caused by that fire, explosion, or theft if these causes of loss would be covered under this Endorse- ment. This exclusion applies whether or not the loss event results in widespread damage or affects a substantial area. f. Cyber Incidents (1) any unauthorized access to or use of any computer system, including “electronic data”; CGL E5420 CW (03/22) Includes copyrighted material of Page 3 of 4 Insurance Services Offices, Inc., with its permission. (2) any malicious code, virus or any other harmful code that is directed at, enacted upon or introduced into any computer system, including “electronic data,” and is designed to access, alter, corrupt, dam- age, delete, destroy, disrupt, encrypt, ex- ploit, use, or prevent or restrict access to or the use of any part of any computer system (including “electronic data”) or otherwise disrupt its normal functioning or operation; (3) any denial of service attack which dis- rupts, prevents, or restricts access to or use of any computer system, or otherwise disrupts its normal functioning or opera- tion; or (4) any threat, hoax, or demand relating to subparts (1), (2), or (3) above. But if any event described in subparts (1), (2), or (3) above results in fire, we will pay for the direct loss or damage caused by that fire if the fire would be covered under this En- dorsement. g. Electrical, Magnetic, or Electromagnetic Energy Electrical, magnetic, or electromagnetic ener- gy, including but not limited to solar flares, that damages, disturbs, disrupts, or otherwise interferes with any: (1) electrical or electronic wire, device, appliance, system, or network; or (2) device, appliance, system, or network utilizing cellular or satellite technology. h. Utility Services The failure of power, communication, water, or other utility service, however caused, if the failure: (i) originates away from the location of the Covered Property; or (ii) involves equip- ment used to supply the utility service to the location from a source away from the location. Failure of any utility service includes lack of sufficient capacity and reduction in supply. Damage or loss caused by a surge of power is also excluded, if the surge would not have occurred but for an event causing a failure of power. Communication services include but are not limited to services relating to internet access or access to any electronic, cellular, or satel- lite network. i. Exposed Property Rain, snow, ice, or sleet to personal property in the open. j. Economic Loss Delay, loss of use, loss of market, business interruption, economic loss or damage, or any other consequential loss. k. Missing Property Missing property where: (1) the only proof of loss is the unexplained or mysterious disap- pearance of such property; (2) the shortage of property is discovered upon taking inventory; or (3) there is no physical evidence to show what happened to the property. l. Wear and Tear Wear and tear, marring, scratching, deteriora- tion, depreciation, mechanical breakdown, contamination, corrosion, rust, dampness, cold, heat, hidden or latent defect, or any quality, fault, or weakness in the property that causes it to damage or destroy itself. m. Voluntary Parting Voluntary parting with title to or possession of any property because of any fraudulent scheme, trick, or false pretense. n. Unauthorized Instruction Unauthorized instructions to transfer property to any person or place. o. Neglect to Preserve Property Neglect of an insured to use all reasonable means to save and preserve property from further damage at or after the time of loss. p. Pollutants The release, discharge, seepage, migration, dispersal, or escape of “pollutants.” q. Collapse Collapse, including any of the following condi- tions of property or any part of property: (1) an abrupt falling down or caving in; (2) loss of structural integrity, including sepa- ration of parts of the property or property in danger of falling down or caving in; or (3) any cracking, bulging, sagging, bending, leaning, settling, shrinking, or expansion. But if collapse results in fire, we will pay for the direct loss or damage caused by that fire if the fire would be covered under this En- dorsement. r. Fraud and Dishonesty Criminal, fraudulent, dishonest or illegal acts (including theft) committed by: (1) You, any of your partners, employees (in- cluding temporary employees and leased workers), officers, directors, trustees or au- thorized representatives; (2) A manager or a member if you are a lim- ited liability company; or CGL E5420 CW (03/22) Includes copyrighted material of Page 4 of 4 Insurance Services Offices, Inc., with its permission. (3) Anyone else with an interest in the proper- ty, or their employees (including temporary employees and leased workers) or author- ized representatives; whether acting alone or in collusion with each other or with any other party. This exclusion applies whether or not an act occurs during your normal hours of operation. This exclusion does not apply to acts of de- struction by your employees (including tempo- rary employees and leased workers) or au- thorized representatives; but theft by your employees (including temporary employees and leased workers) or authorized represent- atives is not covered. B. The following is added to SECTION III – LIMITS OF INSURANCE: If you have first paid the deductible stated in the Schedule, we will pay the following amounts up to the Limit of Insurance stated in the Schedule. Loss or damage to Covered Property away from the premises is subject to the sublimit shown in the Schedule, which is part of, and not in addition to, the Limit of Insurance shown in the Schedule. 1. For loss or damage to Covered Property you own, we will pay the lesser of: a. the cost to repair the Covered Property; or b. the “replacement cost” of the Covered Property. 2. For loss or damage to Covered Property you do not own that is in your care, custody or control, we will pay the least of: a. the cost to repair the Covered Property; b. the “replacement cost” of the Covered Property; or c. the amount for which you are legally liable for the Covered Property. If the lowest amount is “replacement cost,” we will pay the “actual cash value” as of the date of loss and then pay the difference between “actual cash value” and “replacement cost” if you replace the Covered Property within one year from the date of the “occurrence”. C. The following definitions are added to SECTION V – DEFINITIONS: “Actual cash value” means the fair market value of the lost or damaged property as of the date of the “occurrence” taking into account deterioration, de- preciation, and obsolescence. “Electronic data” means information, facts or pro- grams stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data pro- cessing devices or any other media which are used with electronically controlled equipment. “Replacement cost” means the cost to replace lost or damaged property with property of like kind, quality, and utility, without deduction for deteriora- tion, depreciation, or obsolescence. Replacement cost will be valued as of the date of the “occur- rence.” Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5581 CW (03/16)Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy, pro- vided: 1.you have agreed in a written contract or agreement to add such additional insured to a policy providing the type of coverage af- forded by this policy; and 2. you have agreed in a written contract or agreement with such additional insured that this insurance would be primary and would not seek contribution from any other insur- ance available to the additional insured. P100.359.791.8 Atium Engineering 20 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5402 CW (03/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. MODIFIED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: You may waive your rights against another party so long as you do so in writing prior to: (i) an offense arising out of your business that caused a “personal and advertising injury”; or (ii) an “occurrence” that caused “bodily injury” or “property damage”. P100.359.791.8 Atium Engineering 21 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 73 01 15 © Insurance Services Office, Inc.,2014 Page 1 of 1 EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage" arising, directly or indirect- ly, out of a "certified act of terrorism". B.The following definitions are added: 1.For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property dam- age", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2."Certified act of terrorism" means an act that is certified by the Secretary of the Treasury,in accordance with the provisions of the federal Terrorism Risk Insurance Act,to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the fol- lowing: a.The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terror- ism Risk Insurance Act; and b.The act is a violent act or an act that is dangerous to human life, property or infra- structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con- duct of the United States Government by coercion. C.The terms and limitations of any terrorism exclu- sion, or the inapplicability or omission of a terror- ism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. P100.359.791.8 Atium Engineering 22 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E5405 CW (03/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. EXCLUSION – DAMAGE TO PRIMARY RESIDENCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to a premises that is an insured’s primary residence: A.The last paragraph ("Exclusions c. through n. do not apply . . . ") of Paragraph 2., Exclusions un- der Section I – Coverage A – Bodily Injury And Property Damage Liability is deleted. B. The first exception ("Paragraphs (1), (3) and (4) of this exclusion do not apply . . . ") to Exclusion j., Damage To Property of Paragraph 2., Exclu- sions of Section I – Coverage A – Bodily Injury And Property Damage Liability is deleted. C.Paragraph 6. of Section III – Limits Of Insur- ance is deleted. D.Any reference in the Declarations to "Damage To Premises Rented To You" is deleted. P100.359.791.8 Atium Engineering 23 06/27/2024 Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGL E2227 CW (03/23) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AMENDED WAR EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. Exclusions under Section I – COV- ERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, the exclusion of ''War'' is de- leted in its entirety and replaced with the following: i. War, Civil War, Cyberwarfare, and NCBR ''Bodily injury'' or ''property damage'' based upon or arising out of, directly or indirectly occasioned by, happening through or in consequence of: 1. war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebel- lion, revolution, insurrection, military, or usurped power; 2. confiscation, nationalization, requisition, de- struction of, or damage to property by or under the order of any government, public, or local au- thority; 3. ''cyberwarfare'', to the extent not otherwise ex- cluded by paragraph 1; or 4. any ''NCBR malicious act''. This will not apply to damage by fire to premises while rented to you or temporarily occupied by you with the owner's permission. Any payments we make for ''property damage'' to such premises will be subject to the Damage to Premises Limit. B. Paragraph 2. Exclusions under Section I – COV- ERAGE B – PERSONAL AND ADVERTISING IN- JURY LIABILITY, the exclusion of ''War'' is deleted in its entirety and replaced with the following: o. War, Civil War, Cyberwarfare, and NCBR ''Personal and advertising injury'', based upon or arising out of, directly or indirectly occasioned by, happening through or in consequence of 1. war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebel- lion, revolution, insurrection, military, or usurped power; 2. confiscation, nationalization, requisition, de- struction of, or damage to property by or under the order of any government, public, or local au- thority; 3. ''cyberwarfare'', to the extent not otherwise ex- cluded by paragraph 1; or 4. any ''NCBR malicious act''. C. In Section V – DEFINITIONS, the following defini- tions are added for purposes of this endorsement: 1. ''Cyberwarfare'' means any: a. unauthorized access to, or use, alteration, cor- ruption, damage, manipulation, misappropria- tion, theft, deletion, or destruction of, any com- puter hardware or electronic data; b. creation, transmission, or introduction into a computer system, computer network, or elec- tronic data of a computer virus or harmful code; or c. restriction or inhibition of access to a computer system, computer network, or electronic data, including through a denial-of-service (DoS) at- tack, committed by, or on behalf of, a ''state''. In determining by whom any action listed in parts a. through c. above is committed we will consider to whom any governing body (including the g ov- erning body's intelligence, law enforcement, or military services) attributes such action, regard- less of whether: i. the computer system, computer network, or electronic data is physically located within the jurisdiction of that governing body; or P100.359.791.8 Atium Engineering 24 06/27/2024 CGL E2227 CW (03/23) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ii. there are inconsistent statements within differ- ent branches or agencies of that governing body (including intelligence, law enforcement, or military services) as to whom the action is attributable to. However, if: A. a governing body has not attributed any such action to a ''state'', or any person, group, as- sociation, or entity acting on the ''state's'', be- half; and B. there is at least one ''media report'' or a cy- bersecurity forensic film report indicating that such action is attributed to a ''state'' or any person, group, association, or entity acting on the ''state's'' behalf, then we will not pay any damages for ''bodily in- jury'', ''property damage'', or ''personal and adver- tising injury'' resulting from any actions listed in parts a. through c. above until any governing body attributes such action to a ''state'' or any per- son, group, association, or entity acting on the ''state's'' behalf. If a governing body does not attribute such action to a ''state'' or any person, group, association, or entity acting on the ''state's'' behalf, or declares it is unable to do so, then a ''media report'' or cyber- security forensic firm report will be conclusive ev- idence that the act was committed by, or on be- half of, a ''state''. For purposes of this definition, ''media report'' means an article published by the Associated Press, Reuters, Wall Street Journal, or the British Broadcasting Corporation. For purposes of this definition, ''state'' means a sovereign state, state-like entity, quasi-state, proto-state, or a state sponsored actor or group. 2. ''NCBR malicious act'' means an act or series of acts that harms another person or damages prop- erty through the physical release or dispersal of ''nuclear, chemical, biological, or radiological agents or materials'', which is carried out by any person or group of persons, whether acting alone, on behalf of, or in connection with any organiza- tion. 3. ''Nuclear, chemical, biological, or radiological agents or materials'' means: a. nuclear reaction, nuclear radiation or radioac- tive particles, whether released or dispersed by nuclear or conventional devices; b. any chemical compound; or c. any pathogen, in sufficient concentration to cause harm to peo- ple or damage to property. Notices Policyholder Notice Electronic Delivery Page 1 of 1 INT N003 CW (01/19) If you received your insurance policy by email, it is because you have chosen electronic delivery of your policy documents and important notices, including cancellation and nonrenewal notices where permitted by law. We also will send any renewal policy documents to you by email at the address you have provided. If you are currently receiving paper documents and would like to have ease of retrieval and access and save on storage space, you will need to contact us and update your preferences. Most documents can be sent electronically within minutes. For electronic documents, you will need a computer or mobile device with Internet access and the ability to receive external emails. You also will need software such as Adobe Reader®that allows you to view and save PDF documents, and a printer to create paper copies. At any time you may request a paper copy of your policy,or you may withdraw your consent to receive documents by email. We will then send documents to you by US mail at no added cost. You must notify us if your email or street address changes. To update your email or street address, or to request paper documents,please contact us at 888-202-3007. Hiscox Insurance Company Inc. ECONOMIC AND TRADE SANCTIONS POLICYHOLDER NOTICE INT N001 CW 01 09 Page 1 of 1 Hiscox is committed to complying with the U.S. Department of Treasury Office of Foreign Assets Control (OFAC) requirements. OFAC administers and enforces economic sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, and narcotics traffickers as Specially Designated Nationals (SDN’s) and Blocked Persons. OFAC has also identified Sanctioned Countries. A list of Specially Designated Nationals, Blocked Persons and Sanctioned Countries may be found on the United States Treasury’s web site http://www.treas.gov/offices/enforcement/ofac/. Economic sanctions prohibit all United States citizens (including corporations and other entities) and permanent resident aliens from engaging in transactions with Specially Designated Nationals, Blocked Persons and Sanctioned Countries. Hiscox may not accept premium from or issue a policy to insure property of or make a claim payment to a Specially Designated National or Blocked Person. Hiscox may not engage in business transactions with a Sanctioned Country. A Specially Designated National or Blocked Person is any person who is determined as such by the Secretary of Treasury. A Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States. In accordance with laws and regulations of the United States concerning economic and trade embargoes, this policy may be rendered void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including, but not limited to the following: (1) Any insured under this Policy, or any person or entity claiming the benefits of such insured, who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to US economic trade sanctions; (2) Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country government, where any action in connection with such claim or suit is prohibited by US economic or trade sanctions; (3) Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to US economic or trade sanctions; (4) Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control of a Sanctioned Country government, where any activities related to such property are prohibited by US economic or trade sanctions; or (5) Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or Blocked Person, or any person or entity who is otherwise subject to US economic or trade sanctions. Please read your Policy carefully and discuss with your broker/agent or insurance professional. You may also visit the US Treasury’s website at http://www.treas.gov/offices/enforcement/ofac/. Renewal Page 9 of 51 Continued on Back DEC_PAGE (03-14)(Page 1 of 4) Declarations Page This is a description of your coverage. Please retain for your records. JOSEPH D MAINO AND AMANDA L MAINO 3533 YORK LN SAN RAMON CA 94582-5819 Email Address: david.maino@gmail.com Date Issued: October 18, 2024 GEICO General Insurance Company P.O. Box 509090 San Diego, CA 92150-9090 Tel: 1-800-841-3000 Policy Number:4082-05-68-49 Coverage Period: 11-21-24 through 05-21-25 12:01 a.m.standard time at the address of the named insured. Named Insured Joseph David Maino Amanda Lorine Maino Additional Drivers Elizabeth Ann Maino Vehicles VIN Vehicle Location Finance Company/ Lienholder 1 2014 Chev Volt 1G1RH6E41EU174795 SAN RAMON CA 94582-5819 2 2014 Chev Volt 1G1RH6E48EU167228 SAN RAMON CA 94582-5819 3 2019 Toyota Sienna 5TDYZ3DC5KS967329 SAN RAMON CA 94582-5819 DUBLIN TOYOTA UNKNOWN Coverages*Limits and/or Deductibles Vehicle 1 Vehicle 2 Vehicle 3 Bodily Injury Liability Each Person/Each Occurrence State Minimum $15,000/$30,000 $1MIL/$1MIL $92.80 $95.50 $106.70 Property Damage Liability State Minimum $5,000 $50,000 $88.80 $92.40 $91.70 Uninsured & Underinsured Motorists Each Person/Each Occurrence $50,000/$100,000 $28.20 $29.00 $32.20 Comprehensive (Excluding Collision)$1,000 Ded $29.00 $30.70 $53.50 Collision $1,000 Ded $151.20 $158.30 $233.70 Emergency Road Service Full $11.50 $11.50 $9.20 Six Month Premium Per Vehicle $401.50 $417.40 $527.00 Total Six Month Premium $1,345.90 Renewal Page 10 of 51 Continued on Next Page DEC_PAGE (03-14)(Page 2 of 4) *Coverage applies where a premium or $0.00 is shown for a vehicle. If you elect to pay your premium in installments, you may be subject to an additional fee for each installment. The fee amount will be shown on your billing statements and is subject to change. Discounts Anti-Theft Device (All Vehicles) Loyalty Persistency (All Vehicles) Multi-Car (All Vehicles) Subclass Factor (All Vehicles) California Good Driver (All Vehicles) Group Insurance Plan: Professional Group Insurance Plan Contract Type:A30CA Contract Amendments:ALL VEHICLES - A30CA SIGPGCW Unit Endorsements:U99(VEH 1); UE316C(VEH 3) Class:A -N -24MF - R (VEH 1);A -N -24MM - S (VEH 2);A -N -54SF - R (VEH 3) Important Policy Information -You have elected to receive your insurance documents via electronic delivery at the electronic mail address displayed on this Declarations Page. To change the address where you receive your policy documents, visit geico.com or call 1-800-841-3000. -No coverage is provided in Mexico. -Reminder - Physical damage coverage will not cover loss for custom options on an owned automobile, including equipment, furnishings or finishings including paint, if the existence of those options has not been previously reported to us. This reminder does NOT apply in VIRGINIA, however, in Virginia coverage is limited for custom furnishings or equipment on pick-up trucks and vans but you may purchase coverage for this equipment. Please call us at 1-800-841-3000 or visit us at geico.com if you have any questions. -Congratulations! Your policy qualifies for the Professional Group Insurance Plan and includes a savings of $495.30. -Subject to the policy carrying Comprehensive and/or Collision Coverage, if a non-owned auto , in operation while leased or rented for a fee, has a Manufacturer Suggested Retail Price above $100,000, the limits of liability for loss to the non-owned auto is the highest of the actual cash value of any owned auto shown on the Declarations page. -For your protection, California law requires the following to appear on this form: ''Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.'' -Confirmation of coverage has been sent to your lienholder and/or additional insured. -In California, you have the right to designate one person to receive notices from GEICO if your policy is about to cancel or expire for non-payment. Your designee will not have any rights or benefits under your policy other than the right to receive the notice or make a payment. You can change or remove the designee at any time. If you would like to add, change or remove a designee from your policy, simply log into your account at geico.com or call us at 1-800-841-3000. Renewal Page 11 of 51 DEC_PAGE (03-14)(Page 3 of 4) Important Policy Information -Claims incurred while an insured vehicle is being used to carry passengers for hire may not be covered by this contract. Please review the contract for a full list of exclusions and contact us if you plan to use any of your insured vehicles for this purpose. -Please verify that the coverages you requested are accurately reflected on your Declarations Page. Visit geico.com to review additional coverages and/or limits available to you. -In accordance with Section 1872.87 of the California Insurance Code, in addition to your premium, a $0.88 charge per vehicle is assessed to fund auto insurance fraud reduction initiatives. This charge is applied once per policy term per vehicle. -The annual mileage figures applicable to the vehicles on your policy for the current and upcoming policy periods are: Vehicle Current Mileage Upcoming Mileage 2014 Chev Volt 10,000 10,000 2014 Chev Volt 11,000 11,000 2019 Toyota Sienna 10,000 10,000 Renewal Page 12 of 51 DEC_PAGE (03-14)(Page 4 of 4) Atium Engineering 3533 York Lane San Ramon, CA 94582 0 Wellfleet Insurance Company 32280 11/11/2024 A N9WC656852 05/12/2024 05/12/2025 City of Cupertino 10300 Torre Ave Cupertino, CA 95014 X 1,000,000 1,000,000 1,000,000 N 0 0 0 0 0 Atium Engineering 3533 York Lane San Ramon, CA 94582 BIBERK P.O. Box 113247 Stamford, CT 06911 Professional Liability (Errors & Omissions): Claims-Made Per Occurrence/ Aggregate 203-654-3613844-472-0967 customerservice@biBERK.com Atium Engineering 3533 York Lane San Ramon, CA 94582 N9WC656852 - Insured's Copy Talk to a Licensed Expert 1-844-472-0967 Mon-Fri, 7AM-9PM EST N9WC656852 05/12/2025 Workers' Compensation 05/12/2024 Atium Engineering $538 Payments begin 30 days, 90 days, or six months after purchase based on the payment terms selected and continue for consecutive periods until the policy is paid in full. Down Payment: Yearly: Payment in 1 Year: Policy End Date: Policy Start Date: Policy Number: Coverages: $571.00 $571.00 Welcome to biBERK! Thank you for providing biBERK the opportunity to provide you with Workers' Compensation insurance. Our mission is to protect your business so you have peace of mind to do what you do best. The details of your plan are below along with some helpful resources. Download a Certificate of Insurance (COI) or Report a Claim Get a Certificate (COI) Getting a certificate of insurance is easy with biBERK. Request a certificate online at https://www.biberk.com/policyholders/certificate/create and we will send you an email with your certificate of insurance. Frequently Asked Questions We want you to make well-informed decisions about your insurance needs. Learn from answers to the questions most frequently asked by business owners on our FAQs page at, https://www.biberk.com/policyholders/resources/faqs Report a Claim Make your insurance payment online quickly and efficiently, and then scratch that item off your task list. Simply go to the link, https://www.biberk.com/policyholders/claims and enter in your policy number, contact details, and information about the incident. Questions? Your team is here to help. Mon-Fri, 7AM-9PM EST 1-844-472-0967 Proud to be part of Warren Buffett's Berkshire Hathaway Company biBERK.com, P.O. Box 113247 Stamford, CT 06911-3247 1-844-472-0967 Policy Information Page Worker's Compensation and Employer's Liability Policy Wellfleet Insurance Company - A Stock Co. Policy Number N9WC656852 Renewal of N9WC374685 NCCI No. [27871] Named Insured and Mailing Address[1] Atium Engineering 3533 York Lane San Ramon, CA 94582 Federal Employer's ID Insured is CorporationXX-XXX0249 Electrical EngineeringBusiness Description From May 12, 2024 to May 12, 2025, 12:01 AM, standard time at the insured's mailing address. Policy Period[2] Coverage[3] A. Workers' Compensation Insurance - Part One of this policy applies to the Workers' Compensation Law of the following states: California B. Employer's Liability Insurance - Part Two of this policy applies to work in each of the states listed in item [3]A. The limits of our liability under Part Two are: Bodily Injury by Accident - each accident $1,000,000 Bodily Injury by Disease - each employee $1,000,000 Bodily Injury by Disease - policy limit $1,000,000 C. Other States Insurance - Part Three of this policy applies to all states, except any state listed in item [3]A. and the states of North Dakota, Ohio, Washington, and Wyoming. D.This policy includes these endorsements and schedules: See Extension of Information Page - Schedule of Forms - WC 040004 The Premium Basis and, therefore, the premium will be determined by our Manual of Rules, Classifications, Rates, and Rating Plans. All required information is subject to verification and change by audit. (Continued on another page) Premium[4] 538Total Estimated Policy Premium $ Total Surcharges/Assessments $33.00 571.00$Total Estimated Cost INTERNAL USE M1 MGA : N9WC656852 Date : 05/13/2024 Page - 1 -Information Page WC 000001A Issuing Office: 100 First Stamford Place, PO Box 113247, Stamford, CT 06911-3247 • www.biBERK.com N9WC656852 Applicable States PN049901I - CA YOUR RIGHT TO RATING AND DIVDEND INFO*All PN049902B - CA POLICYHOLDER NOTICE - WC RATING LAWS*All PN049904 - CA INS. GUARANTEE ASSOC.(CIGA) SURCHARGE*All WC000000C - STANDARD POLICY*All WC000001A - INFORMATION PAGE All WC000422C - TERR RISK INS PROG REAUTHORIZATION ACT All WC040004 - CA EXT OF INFO PAGE-SCHEDULE OF FORMS*All WC040301D - POLICY AMENDATORY ENDORSEMENT-CALIFORNIA*All WC040310 - CA DUTY TO DEFEND*All WC040410A - CA ESTIMATED ANNUAL PREMIUM ENDORSEMENT All WC040422 - CALIFORNIA SHORT-RATE CANCELLATION END'T*All WC040601B - CA CANCELLATION ENDORSEMENT*All WC990000 - AUTHORIZATION AND ATTESTATION END'T*All WC990014 - CALIFORNIA CHANGES - AMENDATORY END'T*All * As part of our ongoing commitment to environmental responsibility throughout our operations, we have chosen not to reprint those forms (marked with an asterisk) that have not changed and were previously sent to you. You can obtain a new copy of any of these forms by contacting us via phone at 844-472-0967; our Customer Service Representatives will either be able to help you locate a document yourself or can send a copy to your. As always, we thank you for selecting us as your insurer. We look forward to serving you! Page - 2 - Policy Information Page Worker's Compensation and Employer's Liability Policy Wellfleet Insurance Company - A Stock Co. Policy Number N9WC656852 Renewal of N9WC374685 NCCI No. [27871] Premium (cont.)[4] California Classification Estimated Annual Premium Rate per $100 Remuneration Premium Basis: Total Estimated Annual Remuneration Code Effective: 05/12/2024-05/12/2025 ENGINEERS-CONSULTING 8601 $59,800 0.34 $203 Territorial Rating, Bay Area 0.8 $-41 Total Estimated Annual Premium for CA $162 Policy Totals Total Estimated Standard Premium for California $162 Expense Constant $340 Terrorism CA 9740 0.04 $59,800 $24 Catastrophe 9741 0.02 $59,800 $12 Minimum Premium CA $417 Total Estimated Annual Premium $538 CA WCARF Assessment 05/12/2024-05/12/2025 2.4604%$13 CA Fraud Surcharge 05/12/2024-05/12/2025 0.4122%$2 CA SIBTF Assessment 05/12/2024-05/12/2025 1.5891%$9 CA UEBTF Assessment 05/12/2024-05/12/2025 0.1505%$1 CA OSHF Assessment 05/12/2024-05/12/2025 0.7266%$4 CA LECF Assessment 05/12/2024-05/12/2025 0.7109%$4 Total Estimated Cost for N9WC656852 $571 INTERNAL USE M1 MGA : N9WC656852 Date : 05/13/2024 Page - 3 -Information Page WC 000001A Issuing Office: 100 First Stamford Place, PO Box 113247, Stamford, CT 06911-3247 • www.biBERK.com Policy Information Page Worker's Compensation and Employer's Liability Policy Wellfleet Insurance Company - A Stock Co. Policy Number N9WC656852 Renewal of N9WC374685 NCCI No. [27871] Policy Payment Terms Payment Option: Direct Draft Under our Direct Draft Program, your account will be debited directly. Approximately 20 days prior to your payment due date, you will receive a Notice of Premium Due which states the amount and due date of the debit. Installment Plan (prepared 05/13/2024) Down Payment received 05/12/2024 - $571.00 Since your expiring coverage was with CYB, please be aware that any audit premium for that policy must be paid by the date shown on the Final Audit Billing Statement to keep your current coverage in force. *Includes surcharges and state fees, if any. INTERNAL USE M1 MGA : N9WC656852 Date : 05/13/2024 Page - 4 - Issuing Office: 100 First Stamford Place, PO Box 113247, Stamford, CT 06911-3247 • www.biBERK.com Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement This endorsement addresses the requirements of the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2019. It serves to notify you of certain limitations under the Act, and that your insurance carrier is charging premium for losses that may occur in the event of an Act of Terrorism . Your policy provides coverage for workers compensation losses caused by Acts of Terrorism , including workers compensation benefit obligations dictated by state law. Coverage for such losses is still subject to all terms, definitions, exclusions, and conditions in your policy, and any applicable federal and/or state laws, rules, or regulations. Definitions The definitions provided in this endorsement are based on and have the same meaning as the definitions in the Act . If words or phrases not defined in this endorsement are defined in the Act, the definitions in the Act will apply. “Act” means the Terrorism Risk Insurance Act of 2002, which took effect on November 26, 2002, and any amendments thereto, including any amendments resulting from the Terrorism Risk Insurance Program Reauthorization Act of 2019 . “Act of Terrorism” means any act that is certified by the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, and the Attorney General of the United States, as meeting all of the following requirements: a. The act is an act of terrorism. b. The act is violent or dangerous to human life, property, or infrastructure. c. The act resulted in damage within the United States, or outside of the United States in the case of the premises of United States missions or certain air carriers or vessels. d. The act has been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion . “Insured Loss” means any loss resulting from an act of terrorism (and, except for Pennsylvania, including an act of war, in the case of workers compensation) that is covered by primary or excess property and casualty insurance issued by an insurer if the loss occurs in the United States or at the premises of United States missions or to certain air carriers or vessels. “Insurer Deductible” means, for the period beginning on January 1, 2021, and ending on December 31, 2027, an amount equal to 20% of our direct earned premiums during the immediately preceding calendar 1 of 2 © Copyright 2020 National Council on Compensation Insurance, Inc. All Rights Reserved. WC 00 04 22 C (Ed. 01-2021) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 04 22 C (Ed. 01-2021) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Limitation of Liability The Act limits our liability to you under this policy. If aggregate Insured Losses exceed $100,000,000,000 in a calendar year and if we have met our Insurer Deductible, we are not liable for the payment of any portion of the amount of Insured Losses that exceeds $100,000,000,000; and for aggregate Insured Losses up to $100,000,000,000, we will pay only a pro rata share of such Insured Losses as determined by the Secretary of the Treasury. Policyholder Disclosure Notice 1. Insured Losses would be partially reimbursed by the United States Government . If the aggregate industry Insured Losses occurring in any calendar year exceed $200,000,000, the United States Government would pay 80% of our Insured Losses that exceed our Insurer Deductible. 2. Notwithstanding item 1 above, the United States Government will not make any payment under the Act for any portion of Insured Losses that exceed $100,000,000,000. 3. The premium charge for the coverage your policy provides for Insured Losses is included in the amount shown in Item 4 of the Information Page or in the Schedule below. Schedule State Rate Premium CA 0.040 $24.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by WC 00 04 22 C (Ed. 01-2021) 2 of 2 © Copyright 2020 National Council on Compensation Insurance, Inc. All Rights Reserved. N9WC656852 Wellfleet Insurance Company WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 04 10 A (Ed. 01-18) ESTIMATED ANNUAL PREMIUM ENDORSEMENT—CALIFORNIA The premium with respect to the insurance provided by this policy by reason of the designation of California in item 3 of the Information Page is subject to experience modification. Your experience modification, when issued, will be effective on ____________________, your rating effective date determined by the Workers’ Compensation Insurance Rating Bureau of California (WCIRB) in accordance with California law. Pending the issuance of your experience modification by the WCIRB, the estimated annual premium shown below is based on an estimated experience modification. The estimated annual premium will be revised when the WCIRB issues your applicable experience modification. ESTIMATED ANNUAL PREMIUM $ ____________________ NOTE: THE ESTIMATED ANNUAL PREMIUM MAY BE INCREASED WHEN THE WCIRB ISSUES THE EXPERIENCE MODIFICATION APPLICABLE TO THIS POLICY. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned By 05/12/2024 571.00 05/12/2024 N9WC656852 Call 1-844-472-0967. Sometimes, all the resources available to you are meaningless without a little assistance. From helping you access those tools to providing some consultation on industry safety practices, we encourage our policyholders to contact us! We can help you implement safety practices that make a difference. Loss Control Need Personalized Assistance? Safety benefits everyone – you, your employees, and your customers. Therefore, we provide you with a wealth of resources to assist you in making your operation as safe as possible. One of the most effective ways we have found to put loss control services at your fingertips is through our partnership with The Training Network, which has over 30 yearsexperienceprovidinghigh-qualitysafetyprograms. As a policyholder benefit, you have access to The Training Network NOW – one of the largest online safety-training libraries on the market today. The 350+ training modules include videos as well as accompanying end-of-course quizzes and other instructional materials – such as Leaders’ Guides and Completion Certificates – to facilitate yourtrainingsessions. At biBERK, we offer a wide range of loss control resources and professional support at no additional charge. From online safety videos and downloadable educational flyers and policy-specific recommendations, we can help “a little” or “a lot” depending upon the needandlevelofinterestfromourpolicyholders. Asaninsurer,werecognizethatoneofthebestwaystoprotectyouisby helping to prevent losses from occurring. While all claims cannot be eliminated(accidentshappen!),certainproactivelosscontrolmeasures can reduce the likelihood or the frequency/severity of occurrences. In otherwords,safetyreallydoesmatter. The library includes safety topics of common interest such as: back safety, safety leadership for supervisors, sage electrical practices, injury prevention for food service, landscape power tool safety, hazard communications, construction safety, distracted/defensive driving, trenching and shoring safety, computer workstation safety, and many more. Selectvideosaredesignedformobilesdevices,andanumberof titlesarealsoavailableinSpanish. Toaccesstheonlinelibrary,gotothewebaddressbelowandenterthelistedemailandpassword: www.biberk.com/loss-control Need assistance getting started? Simply contact us at 844-472-0967 or salessupport@biberk.com with any coverage-relatedquestions. email - policyholder@bhins.com password - Safety 32/,&<+2/'(5',6&/2685( 127,&(2)7(5525,60 ,1685$1&(&29(5$*( Coverage for acts of terrorism is included in your policy. You are hereby notified that the Terrorism Risk Insurance Act, as amended in 2019, defines an act of terrorism in Section 102(1) of the Act: The term “act of terrorism” means any act or acts that are certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security, and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage, any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act, as amended. However, your policy may contain other exclusions which might affect your coverage, such as an exclusion for nuclear events. Under the formula, the United States Government generally reimburses 80%beginning on January 1, 2020, of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that limits U.S. Government reimbursement as well as insurers’ liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may be reduced. 7KHSRUWLRQRI\RXUDQQXDOSUHPLXPWKDWLVDWWULEXWDEOHWRFRYHUDJHIRUDFWVRIWHUURULVm LV BBBBBBBBB DQG GRHV QRW LQFOXGH DQ\ FKDUJHV IRU WKH SRUWLRQ RI ORVVHV FRYHUHG E\ WKH 8QLWHG6WDWHVJRYHUQPHQWXQGHUWKH$FW Policy No. Insurance Company 24.00 N9WC656852 Wellfleet Insurance Company Policyholder: Policy #: Dear Policyholder: Thank you for selecting us as your Workers’ Compensation insurer. In addition to secure coverage, we provide extensive services as part of our effort to achieve complete customer satisfaction. If a claim should happen to occur, our medical management activities are handled through another Berkshire Hathaway partner selected for this program. To better acquaint you with the information and procedures you need to know, we provide the following important Workers’ Compensation and Medical Provider Network (MPN) materials: • Notice to Employees - Injuries Caused By Work (DWC 7) • English and Spanish Time-of-Hire Pamphlet • Workers' Compensation Claim Form and Notice of Potential Eligibility (DWC 1 and NOPE) • English and Spanish MPN Employee Notification • (The MPN ID# is 2397, and the Medical Access Assistant Phone Number is: 1-844-752-1144.) • On-line Directory of Managed Care Providers Each of these resources can be found on-line at: {HeaderAddress_WebsiteClaimsCA} (Hard copies are available upon request.) PROVIDING IMPORTANT WORKERS’ COMPENSATION INFORMATION Be sure to complete the Notice to Employees (DWC-7) and post in a conspicuous location frequented by employees during the hours of the workday. USING THE MPN MATERIALS An English and a Spanish version of the MPN Employee Notification have been supplied for you to download so you can post in proximity to the DWC-7 and distribute to each person enrolled. If you have any questions, do not hesitate to contact our office at 1-800-673-2465 or csr@GUARD.com Thank you, Customer Service Department biBERK PO Box 113247 Stamford, CT 06911-3247 FAX 203-361-3846 www.biBERK.com Toll-Free 844-472-0967 Atium Engineering N9WC656852 https://www.biBERK.com/#/california-mpn 844-472-0967 CustomerService@biberk.com Atium Engineering 3533 York Lane San Ramon, CA 94582 Toll-Free 844-472-0967 FAX 203-361-3846 Stamford, CT 06911-3247 biBERK www.biBERK.com PO Box 113247 Important Alert for Policy #N9WC656852 Please read this important advance notice which outlines our policy for handling Workers' Compensation premium for subcontractors*. If you have any questions or do not understand any portion of the explanation, we suggest you contact us immediately because the cost of your coverage may be affected at final audit time. Premium Charge for Subcontractors If you hire subcontractors who do not have their own Workers' Compensation insurance, your premium calculation will be modified to include any amounts paid for their labor. This additional premium is addressed in Part Five C 2 of your policy and compensates us for the risk that one or more of these subcontractors (or one of the subcontractor's employees) will file a claim for benefits under your coverage. Although subcontractors may appear to be independent businesses, claims filed by them (or their employees) are common after an injury. Under Workers' Compensation law, the legal definition of "employee" is much broader than the common understanding of that term. In addition, many states make you – as the contractor – automatically responsible for certain expenses due to work-related injuries to your independent subcontractors or their employees. Regardless of the state law, Berkshire Hathaway Insurers of biBERK must pay legal fees under Part One of your policy to defend these claims and must also pay Workers' Compensation benefits in many cases. For these reasons and in accordance with Part Five C 2 of your policy, we will charge appropriate additional premium unless the subcontractors have their own in-force Workers' Compensation coverage during your entire policy period, and you are able to provide acceptable proof of this coverage to us prior to completion of your final audit. Evidence of general liability insurance, pre-determinations or statements of independent contractor status, hold harmless agreements, etc. are not acceptable substitutes, and no exceptions will be made for sole proprietors or others on the grounds that such parties are not required to purchase (or cannot purchase) Workers' Compensation insurance. The risk of a claim against your policy from an uninsured subcontractor is the same, regardless of his or her reason for having no coverage. Furthermore, these additional charges will be imposed when applicable, even if exceptions have been granted to you by us or by another carrier in the past. Please realize that premium may be charged for subcontractors hired by uninsured entities owned or controlled by you. Premium will be charged if the Rating Bureau rules in your state require the related entity to be combined in a single policy with the company we are insuring . Ultimately, we believe this policy is in the best interests of all parties, and we hope that this advance notification will prevent any misunderstandings at a later date. As always, we thank you for selecting Berkshire Hathaway Insurers of biBERK, and we look forward to serving you during the upcoming policy year. *Note: A "subcontractor" is a person or organization paid to assist you in providing a product or service to your customer or client (and not just to you). Workers' Compensation laws in most states presume that such vendors are "employees" who, therefore, often file claims seeking benefits. PolAlert Ed. 3 2/12 Privacy Policy biBERK is committed to treating and using personal financial information about you and your employees responsibly. We will not disclose nonpublic, personal information about you and your employees to anyone except as permitted or required by law . This disclosure is made on behalf of Wellfleet Insurance Company . Collecting Information We collect nonpublic, personal information from you about you and your employees to properly maintain and service your policy . This nonpublic, personal information may come from the following sources : Securing Information We restrict access to nonpublic, personal information about you and your employees to our employees who need to know the information necessary to provide products or services to you. We maintain physical , electronic, and procedural safeguards that comply with applicable regulations to guard the nonpublic , Disclosing Information In the course of conducting business and as permitted or required by law, we may share nonpublic, personal information about you and your employees with our affiliated companies. We do not disclose any nonpublic , personal information about you and your employees to any nonaffiliated third parties, except for the conduct of our business or as permitted or required by law. Information may be supplied to others providing business services for us. Additionally, we may provide information for audit or research purposes or to law ·Third-Party Information. This is information that we receive to verify or supplement your application or claims. ·Transaction Information . We may develop information about you and your employees based on transactions and experiences you have with us , our affiliates, or others. ·Application Information and Other Forms. On the application for insurance or other forms completed by you, you provide us with most of the information we need to process policies and claims. biBERK.com PO Box 113247 • Stamford, CT 06911-3247 Telephone: 844-472-0967 SEPARATOR PAGE WC000001A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOS NON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD MTTU Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 5 Concourse Parkway Suite 2150 Atlanta GA, 30328 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 Atium Engineering 3533 York Ln San Ramon, CA 94582 City of Cupertino 10300 Torre Ave Cupertino, CA 95014-3202 City of Cupertino Photovoltaic RFP Project Review (Atium Project #24DO.78) 06/27/202506/27/2024P100.359.791.8YY X A X X Each Claim: $ 1,000,000 Aggregate: $ 2,000,000 Professional LiabilityA 06/27/202506/27/2024P100.357.906.8Y 1,000,000 100,000 5,000 1,000,000 2,000,000 S/T Gen. Agg. 11/11/2024 Hiscox Insurance Company Inc. Your Insurance Documents Enclosed you will find the policy documents that make up your insurance contract with us. Please read through all of these documents. If you have any questions or need to update any of your information please call us at 844-357-0840 (Mon-Fri, 7am-10pm ET). Your insurance documents Declarations Page This contains specific policy information, such as the limits and deductibles you have selected. Policy Wording This details the terms and conditions of your coverage, subject to policy endorsements. Endorsements These documents modify the Policy Wording or Declarations Page. These include relevant terms and conditions as required by your state and are part of your policy. Notices These documents provide information that may affect your coverage such as optional terrorism coverage (if purchased) and other important items required by your state. Application Summary This is a summary of the information that you provided to us as part of your application. Please review this document and let us know if any of the information is incorrect. Reporting a claim Please inform us immediately if you have a claim or loss to report. Please have your policy number available, which can be found on the declarations page, so we can handle your call quickly. Contact us via the methods below or file a claim using our online form at https://www.hiscox.com/manage-your-policy/claims-center. Email: reportaclaim@hiscox.com Phone: 866-424-8508 Mail:Hiscox Claims Center 5 Concourse Parkway Suite 2150 Atlanta, GA 30328 Declarations Page HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 (914) 273-7400 DPL D001 CW (11/19)Page 1 Professional Liability Errors & Omissions Insurance Declarations This is a "Claims Made and Reported" Policy in which Claim Expenses are included within the Limit of Liability unless otherwise noted. Those words (other than the words in the captions) which are printed in Boldface are defined in the Policy. Declaration Effective Date:June 27, 2024 Policy No.:P100.357.906.8 Renewal of:P100.357.906.7 1.Named Insured:Atium Engineering 2.Address:3533 York Ln San Ramon, CA 94582 Email Address:david.maino@gmail.com 3.A.Limit of Liability:$1,000,000 Each Claim 3.B.$2,000,000 Aggregate for all Claims 4.Deductible:$5,000 Each Claim 5.Notice:Phone: Email: Mail: 866-424-8508 reportaclaim@hiscox.com Hiscox 5 Concourse Parkway, Suite 2150 Attn: Direct Claims Atlanta GA, 30328 6.Policy period:From:June 27, 2024 To:June 27, 2025 At 12:01 A.M. (Standard Time) at the address shown above. 7.Retroactive Date:June 27, 2017 8.Premium:$5,477.00 9.Attachments: DPL D001 CW (11/19) - Professional Liability Errors & Omissions Insurance Declarations DPL P001 CW (05/13) - Professional Liability Coverage Form DPL E5424 CW (02/15) - Blanket Additional Insured Endorsement DPL E5164 CW (09/15) - Architects, Engineers and Drafting Services Endorsement DPL E5102 CA (01/10) - California Amendatory Endorsement DPL E1901 CW (08/21) - Cyber Incidents Exclusion Endorsement DPL E5167 CW (05/13) - Design Professional Definition of Employee Endorsement DPL E1919 CW (03/23) - War, Civil War, Cyberwarfare, and NCBR Exclusion Endorsement DPL E1918 CW (03/23) - Cannabis Exclusion Endorsement HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603 (914) 273-7400 DPL D001 CW (11/19)Page 2 DPL E0003 CW (08/23) - Misappropriation of Funds Exclusion Endorsement INT N003 CW (01/19) - Policyholder Notice Electronic Delivery INT N001 CW (01/09) - Economic And Trade Sanctions Policyholder Notice IN WITNESS WHEREOF, the Insurer indicated above has caused this Policy to be signed by its President and Secretary, but this Policy shall not be effective unless also signed by the Insurer's duly authorized representative. President Secretary Authorized Representative Date: June 27, 2024 Policy Wording © Hiscox Inc. All rights reserved. DPL P001 CW (05/13) PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS INSURANCE DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 2 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS ABOUT THIS POLICY The Hiscox Professional Liability – US Direct policy is designed to offer coverage for the risks entities face in performing their Professional Services. We urge You to read this Policy carefully so You understand the insurance that You have purchased, and the full extent of Your and Our rights and duties under this Policy. Please note that all words and phrases that appear in bold-type (except headings) have special meaning and are defined in the Definitions section of this Policy. Coverage for all Claims is subject to the entire terms and conditions of the policy. Coverage for Claims Made Against You You have purchased insurance that provides coverage for Claims made against You. We will pay Damages on Your behalf for any Claim that falls within the Insuring Agreement and within all of the terms and conditions outlined in the policy. Covered Claims are for Your Wrongful Acts in providing or failing to provide Professional Services. To determine who is an Insured please refer to the Definitions and Spousal and Domestic Partner section of the policy. Additionally, for coverage to apply, You must comply with all Your obligations as outlined in the Notice of Claims, Notice of Potential Claims, and the rest of the policy. The most We will pay is outlined in the Limits of Liability Section and items We will not pay are outlined in the Exclusions section. You are responsible for payments as outlined in the Deductible section. DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 3 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS In consideration of the premium charged and in reliance on the statements made and information provided to Us, including but not limited to the statements made and information provided in and with the Application, which is made a part of this Policy, as well as subject to the Limits of Liability, the Deductible and all of the terms, conditions, limitations and exclusions of this Policy, We and You agree as follows: I. INSURING AGREEMENT, DEFENSE AND SETTLEMENT A. INSURING AGREEMENT We shall pay on Your behalf Damages and Claim Expenses in excess of the Deductible resulting from any covered Claim that is first made against You during the Policy Period and reported to Us pursuant to the terms of the Policy for Wrongful Acts committed on or after the Retroactive Date. We shall also pay on Your behalf all Supplemental Payments in connection with any covered Claim that is first made against You during the Policy Period and reported to Us pursuant to the terms of the Policy for Wrongful Acts committed on or after the Retroactive Date. No Deductible shall apply to Supplemental Payments. B. DEFENSE 1. We shall have the right and the duty to defend any covered Claim, even if such Claim is groundless, false or fraudulent. 2. We shall have the right to appoint defense counsel upon being notified of such Claim. 3. Notwithstanding paragraph 2., We shall have no obligation to pay Claim Expenses until You have satisfied the applicable Deductible. 4. Our duty to defend shall terminate upon the exhaustion of the Limit of Liability as set forth in Item 3. of the Declarations. C. SETTLEMENT 1. We shall have the right to solicit and negotiate settlement of any Claim. 2. We shall not, however, enter into a settlement without Your prior consent, which consent shall not be unreasonably withheld. 3. If You shall refuse to consent to any settlement recommended by Us, Our liability for such Claim shall not exceed the amount for which such Claim could have been settled plus Claim Expenses incurred up to the date of such refusal. DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 4 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS II. NOTICE OF CLAIMS AND NOTICE OF POTENTIAL CLAIMS A. NOTICE OF CLAIMS 1. As a condition precedent to any coverage under this Policy, You shall give written notice to Us of any Claim as soon as practicable, but in all events no later than: a. the end of the Policy Period (or any purchased Optional Extended Reporting Period); or b. 60 days after the end of the Policy Period (or any purchased Optional Extended Reporting Period) so long as such Claim is made within the last 60 days of such Policy Period (or any purchased Optional Extended Reporting Period). 2. Such notice shall be sent to Us at the address set forth in Item 5. of the Declarations. 3. Such notice shall include any and all documents related to such Claim, including every demand, notice, summons or other applicable information received by You or by Your representative. B. NOTICE OF POTENTIAL CLAIMS If You first become aware during the Policy Period of any Wrongful Act that might be reasonably likely give rise to a covered Claim, You may give written notice to Us of such potential Claim during the Policy Period. Such notice must include to the fullest extent possible: 1. the identity of the potential claimant; 2. the identity of the person(s) who allegedly committed the Wrongful Act; 3. the date of the alleged Wrongful Act; 4. specific details of the alleged Wrongful Act; and 5. any written notice from the potential claimant describing the Wrongful Act. If such notice is accepted as a “potential Claim,” then any actual Claim that is subsequently made shall be deemed to have been first made on the date such “potential Claim” was first reported to Us. Provided, however, You may not report “potential Claims” during any purchased Optional Extended Reporting Period. C. OPTIONAL EXTENDED REPORTING PERIOD 1. If We or the Named Insured cancel or non-renew this Policy (as described by Endorsement hereto), then the Named Insured shall have the right to purchase for an additional premium an Optional Extended Reporting Period. Provided, DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 5 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS however, the right to purchase an Optional Extended Reporting Period shall not apply if: a. this Policy is canceled by Us for nonpayment of premium (as described by Endorsement hereto); or b. the total premium for this Policy has not been fully paid. 2. The Optional Extended Reporting Period will apply only to Claims that: a. are first made against You and reported to Us during such Optional Extended Reporting Period; and b. are for Wrongful Acts committed on or after the Retroactive Date but prior to the effective date of cancellation or non-renewal (as described by Endorsement hereto). 3. The additional premium for such Optional Extended Reporting Period shall not exceed 200% of the annualized expiring premium for an Optional Extended Reporting Period of 3 years. The additional premium for such Optional Extended Reporting Period shall be fully earned at the inception of such Optional Extended Reporting Period. 4. Notice of election and full payment of the additional premium for the Optional Extended Reporting Period must be received within 30 days after the effective date of cancellation or non-renewal (as described by Endorsement hereto). In the event the additional premium is not received within the 30 days, any right to purchase the Optional Extended Reporting Period shall lapse and no further Optional Extended Reporting Period shall be offered. The Limits of Liability applicable during any purchased Optional Extended Reporting Period shall be the remaining available Limits of Liability under this canceled or non-renewed Policy (as described by Endorsement hereto). There shall be no separate or additional Limit of Liability available for any purchased Optional Extended Reporting Period and the purchase of any Optional Extended Reporting Period shall in no way increase the Limit of Liability set forth in Item 3. of the Declarations. III. EXCLUSIONS This Policy does not apply to and We shall have no obligation to pay any Damages, Claim Expenses or Supplemental Payments for any Claim: A. based upon or arising out of any actual or alleged fraud, dishonesty, criminal conduct, or any knowingly wrongful, malicious, or intentional acts or omissions; provided, however, that: 1. We will pay Claim Expenses until there is a final adjudication establishing such conduct, at which time You shall reimburse Us for such Claim Expenses; and 2. this exclusion shall not apply to otherwise covered intentional acts or omissions resulting in a Personal Injury. DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 6 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS B. based upon or arising out of any actual or alleged gaining of any profit or advantage to which You were not legally entitled. C. based upon or arising out of any actual or alleged wrongful termination, retaliation or discrimination against or harassment of any past, present, future or potential Employee, including but not limited to any violations of federal, state or local statutory or common law. D. based upon or arising out of any actual or alleged Wrongful Act that: 1. was committed prior to the Retroactive Date; 2. has been the subject of any notice given under any other policy of which this Policy is a renewal or replacement; or 3. You had knowledge of prior to the Policy Period and had a reasonable basis to believe that such Wrongful Act could give rise to a Claim; provided, however, that if this Policy is a renewal or replacement of a previous policy issued by Us providing materially identical coverage, the Policy Period referred to in this paragraph will be deemed to refer to the inception date of the first such policy issued by Us. E. brought by or on behalf of any federal, state or local government agency or professional or trade licensing organization; provided, however, this exclusion shall not apply to claims brought in their capacity as a client receiving Your Professional Services. F. brought by or on behalf of one Insured against another Insured. G. brought by or on behalf of any person or entity maintaining Effective Control of You. H. based upon or arising out of any actual or alleged violation of the following laws, including any similar provisions of any federal, state or local statutory or common law: 1. the Securities Act of 1933 (as amended); 2. the Securities Exchange Act of 1934 (as amended); 3. any state blue sky or securities laws (as amended); 4. the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. (as amended); 5. the Employee Retirement Income Security Act of 1974 (as amended); including any rules or regulations promulgated thereunder. I. based upon or arising out of any actual or alleged obligation under any Workers’ Compensation, Unemployment Compensation, Employers Liability or Disability Benefit Law, including any similar provisions of any federal, state or local statutory or common law. J. based upon or arising out of any actual or alleged liability of others that You assume under any contract or agreement unless such liability would have attached in the absence of such contract or agreement. DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 7 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS K. based upon or arising out of any actual or alleged Bodily Injury or Property Damage. L. based upon or arising out of any actual, alleged or threatened discharge, dispersal, release or escape of Pollutants, including any direction or request to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants. M. based upon or arising out of any actual or alleged infringement of any copyright, trademark, trade dress, trade name, service mark, service name, title, slogan or patent or theft of trade secret. N. based upon or arising out of any actual or alleged false or deceptive advertising of Your goods or services or misrepresentation in advertising of Your goods or services, including but not limited to any wrongful description of prices of Your goods or services or the quality or performance of Your goods or services. O. based upon or arising out of any actual or alleged breach of contract or breach of any implied or express warranty or guarantee; provided, however, this Exclusion shall not apply to: 1. any obligation you have to perform your Professional Services with reasonable skill or care; or 2. any liability You would have had in absence of such contract, warranty or guarantee. P. based upon or arising out of any actual or alleged violation of any federal, state or local statutes, ordinances or regulations regarding or relating to unsolicited telemarketing, solicitations, emails, faxes or any other communications of any type or nature, including but not limited to any “anti-spam” and “do-not-call” statutes, ordinances, or regulations. Q. based upon or arising out of any actual or alleged failure to procure or maintain adequate insurance or bonds. R. based upon or arising out of any actual or alleged failure to protect any non-public, personally identifiable information in Your care, custody or control. S. based upon or arising out of any actual or alleged actuarial services, medical or nursing services, insurance agent/broker services, legal services or services as an architect or engineer. IV. LIMITS OF LIABILITY, DEDUCTIBLE AND RELATED CLAIMS A. LIMIT OF LIABILITY DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 8 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS Regardless of the number of Claims made during the Policy Period (or applicable Extended Reporting Period), the maximum that We shall be liable to pay for all covered Damages, Claim Expenses and Supplemental Payments shall be as follows: 1. The amount set forth in Item 3.A. of the Declarations as “Each Claim” shall be the maximum amount for each covered Claim. 2. The amount set forth in Item 3.B. of the Declarations as “Aggregate for all Claims” is the maximum amount for all Claims combined. 3. Notwithstanding 1. and 2. above, Our liability for Supplemental Payments shall not exceed $250 per day for each Insured up to $5,000 per Claim, which amounts shall reduce the amounts described in 1. and 2. above. B. DEDUCTIBLE 1. We shall not be responsible for payment of Damages or Claims Expenses until the Deductible amount has been satisfied. 2. We may at Our discretion advance payment of Damages or Claims Expenses within the Deductible amount on Your behalf, but You shall reimburse Us for any such amounts as soon as We request such reimbursement. 3. No Deductible amount shall apply to Supplemental Payments. C. RELATED CLAIMS For purposes of the applicable Deductible and Limit of Liability, all Claims based upon or arising out of continuous, repeated, related or interrelated Wrongful Acts shall be considered a single Claim first made against You in the Policy Period the first such Claim was made. V. OTHER MATTERS AFFECTING COVERAGE A. ESTATES, HEIRS, LEGAL REPRESENTATIVES, SPOUSES & DOMESTIC PARTNERS This Policy shall apply to Claims brought against: 1. the heirs, executors, administrators, trustees in bankruptcy, assignees and legal representatives of any Insured in the event of such Insured’s death or disability; or 2. the legal spouse or legal domestic partner of any Insured; but only: 1. for the Wrongful Acts of such Insured; or DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 9 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS 2. in connection with their ownership interest in property which the claimant seeks as recovery for actual or alleged Wrongful Acts of such Insured. B. INSURED DUTY TO COOPERATE You shall have the duty to cooperate with Us in the defense, investigation and settlement of any Claim, including but not limited to: 1. upon request, submit to examination and interrogation under oath by Our representative; 2. attend hearings, depositions and trials as requested by Us; 3. assist in securing and giving evidence and obtaining the attendance of witnesses; 4. provide written statements to Our representative and meet with such representative for the purpose of investigation and/or defense; and 5. provide all documents We may reasonably require. C. INSURED OBLIGATION NOT TO INCUR EXPENSE OR ADMIT LIABILITY You shall not, except at Your own cost, make any payment, incur any expense, admit any liability, settle any Claim or assume any obligation without Our prior consent. D. ACTION AGAINST THE INSURER No action shall be taken against Us unless: 1. You have complied fully with all the terms and conditions of this Policy; and 2. the amount of Your obligation to pay shall have been finally determined either by judgment against You after actual trial, or by written agreement between You, Us and the claimant. No person or organization shall have any right under this Policy to join Us as a party to any Claim against You nor shall We be impleaded by You or Your legal representatives in any such Claim. E. OTHER INSURANCE This Policy shall be excess insurance over any other valid and collectable insurance available to You, whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written only as a specific excess insurance over the Limit of Liability provided in this Policy. F. SUBROGATION 1. In the event of any payment by Us under this Policy, We shall be subrogated to all of Your rights of recovery to such payment. 2. You shall do everything that may be necessary to secure and preserve such subrogation rights, including but not limited to the execution of any documents necessary to allow Us to bring suit in Your name. DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 10 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS 3. You shall do nothing to prejudice such subrogation rights without first obtaining Our written consent. 4. Any recovery shall first be paid to Us up to the amount of any Damages, Claim Expenses or Supplemental Payments that We have paid. Any remaining amounts shall be paid to You. 5. Notwithstanding the above, no subrogation shall be had against any Insured. G. ALTERATION AND ASSIGNMENT No change in, modification of or assignment of interest under this Policy shall be effective unless made by written endorsement to this Policy signed by Our authorized representative. H. REPRESENTATIONS As a condition precedent of Our obligations under this Policy, You represent that: 1. the statements and representations made by You in the Application are true and are the basis of the Policy and are to be considered as incorporated into and constituting a part of this Policy; 2. the statements and representations made by You in the Application shall be deemed material to the acceptance of the risk assumed by Us under the Policy; 3. this Policy is issued in reliance upon the truth of the statements and representations made by You in the Application; and 4. in the event the Application contains misrepresentations which materially affect the acceptance of the risk assumed by Us under this Policy, this Policy shall be void ab initio. I. BANKRUPTCY OR INSOLVENCY Your bankruptcy or insolvency shall not relieve Us of any of Our obligations under this Policy. J. TERRITORY This Policy shall apply to Wrongful Acts committed anywhere in the world, provided that any action, arbitration, or other proceeding for, in relation to, or arising from the Claim is brought within the United States, its territories or possessions, or Canada. K. FALSE OR FRAUDULENT CLAIMS If any Insured shall commit fraud in proffering any Claim or regarding the amount or otherwise, this Insurance shall become void as to such Insured from the date such fraudulent claim is proffered. L. NAMED INSURED RESPONSIBILITIES DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 11 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS It shall be the responsibility of the Named Insured to act on behalf of all other Insureds with respect to the following: 1. giving and receiving notice of cancellation and/or non-renewal (as described by Endorsement hereto); 2. payment of premium 3. receipt of return premiums; 4. acceptance of changes to this Policy; and 5. payment of Deductibles. M. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit Your books and records as they related to this Policy at any time during the Policy Period (or any purchased Optional Extended Reporting Period) or up to three years after the end of the Policy Period (or any purchased Optional Extended Reporting Period). N. TITLES Titles of sections of and endorsements to this Policy are inserted solely for convenience of reference and shall not be deemed to limit, expand or otherwise affect the provisions to which they relate. VI. DEFINITIONS A. Application means the signed application for the Policy, whether submitted on-line, over the phone or on paper, including any attachments and other materials or statements submitted in conjunction therewith. If this Policy is a renewal or replacement of a previous policy or policies issued by Us, Application shall also include all signed applications and other materials that were submitted therewith and attached thereto. B. Bodily Injury means physical injury to or sickness, disease or death of a person, or mental injury, mental anguish, emotional distress, pain or suffering, or shock sustained by a person. C. Claim means any written demand for Damages or for non-monetary relief. D. Claim Expenses means the following that are incurred by Us or by You with Our prior written consent: 1. all reasonable and necessary fees, costs and expenses (including the fees of attorneys and experts) incurred in the investigation, defense and appeal of a Claim; and 2. premiums on appeal bonds, attachment bonds or similar bond. Provided, however, We shall have no obligation to apply for or furnish any such bonds. Claim Expenses shall not mean and We shall not be obligated to pay: 1. salaries, wages or expenses other than Supplemental Payments; or DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 12 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS 2. the defense of any criminal investigation, criminal grand jury proceeding, or criminal action. E. Damages means a monetary judgment or monetary award that You are legally obligated to pay (including pre- or post-judgment interest) or a monetary settlement negotiated by Us with Your consent. Damages shall not mean and We shall not be obligated to pay: 1. fines, penalties, taxes, sanctions levied against You; 2. any punitive or exemplary damages or that portion of any multiplied damages award which exceeds the damage award so multiplied, provided, however, that, if such damages are otherwise insurable under applicable law and regulation, We will pay an award of punitive or exemplary damages in excess of the Deductible and up to a maximum sum of $250,000. This limit shall be a part of and not in addition to the Limit of Liability set forth in Items 3. of the Declarations; 3. the return, reduction or restitution of Your fees, commissions, profits, or charges for goods provided or services rendered, including any over-charges or cost over-runs; 4. liquidated damages; or 5. Your cost of complying with injunctive relief. F. Effective Control means: 1. ownership of more than 50% of the issued and outstanding voting securities; or 2. having the right pursuant to written contract, by-laws, charter, operating agreement or similar documents to elect, appoint or designate a majority of the board of directors, management committee members of a partnership or the members of the management board of a limited liability company (or equivalent management structure). G. Employee means any past, present or future: 1. employee (including any part-time, seasonal or temporary employee or any volunteer); 2. partner, director, officer, member or board member (or equivalent position); 3. independent contractor; or 4. leased worker; of an Organization, but only in their performance of Professional Services on behalf of or at the direction of such Organization. H. Insured means You or Your. I. Named Insured means the individual, corporation, partnership, limited liability company, limited partnership, or other entity set forth in Item 1 of the Declarations. J. Optional Extended Reporting Period means any applicable Optional Extended Reporting Period contemplated by the OPTIONAL EXTENDED REPORTING PERIOD Clause. DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 13 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS K. Organization means the Named Insured and any Subsidiary. L. Personal Injury means injury, other than Bodily Injury, arising out of one of more of the following offenses: 1. false arrest, detention or imprisonment; 2. malicious prosecution; 3. wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of premises; 4. slander, libel, defamation or disparagement of goods, products or services; or 5. oral or written publication of material in connection with Your advertising that violates a person’s right of privacy. M. Policy Period means the period of time set forth in Item 6. of the Declarations. N. Pollutants means any solid, liquid, gaseous, biological, radiological or thermal irritant or contaminant, including smoke, vapor, dust, fibers, mold, spores, fungi, germs, soot, fumes, acids, alkalis, chemicals and W aste. “Waste” includes, but is not limited to, materials to be recycled, reconditioned or reclaimed and nuclear materials. O. Professional Services means only those services specified in Endorsement to this Policy as performed by or on behalf of an Organization for others for a fee or other compensation. P. Property Damage means physical loss of or physical damage to or destruction of any tangible property, including the loss of use thereof. For purposes of this definition, “tangible property” shall not include electronic data. Q. Retroactive Date means the date set forth in Item 7. of the Declarations. R. Subsidiary means: 1. any entity of which the Named Insured has Effective Control (“Controlled Entity”) on or before the Policy Period, either directly or indirectly through one or more Controlled Entities; 2. any entity of which the Named Insured forms or acquires Effective Control during the Policy Period, either directly or indirectly through one or more Controlled Entities, but only for the first 90 days after such formation or acquisition (or until the end of the Policy Period, whichever is earlier). Provided, however, with respect to a Subsidiary described in paragraph 2. of this definition, We shall only cover Claims alleging Wrongful Acts committed while the Named Insured had Effective Control of such Subsidiary, either directly or indirectly through one or more Controlled Entities. An entity ceases to be a Subsidiary once the Named Insured no longer has Effective Control of such entity, either directly or indirectly through one or more Controlled Entities, and this Policy will not respond to Claims made against such entity thereafter. DPL P001 CW (05/13) © Hiscox Inc. All rights reserved. 14 PROFESSIONAL LIABILITY – US DIRECT ERRORS AND OMISSIONS S. Supplemental Payments means the reasonable expenses incurred by You, including loss of wages, if You are required by Us to attend arbitration proceedings or trial in the defense of a covered Claim. T. We, Us, Our or Insurer means the insurance company set forth in the Declarations. U. Wrongful Act means any actual or alleged breach of duty, negligent act, error, omission or Personal Injury committed by You in the performance of Your Professional Services. V. You or Your means any: 1. Organization; 2. Employee; 3. joint venture in which an Organization participates pursuant to written agreement, but only for: a. Wrongful Acts committed by such Organization; and b. the percentage of otherwise covered Damages and Claims Expenses in proportion to such Organization’s participation in the joint venture. Endorsements Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective: DPL E5424 CW (02/1)Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 E5424.1 Blanket Additional Insured Endorsement (PL) In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1. In Clause VI. DEFINITIONS, paragraph V., “’You’ or ‘Your’,”is amended to include the following at the end thereof: You or Your shall also include any Additional Insured but only for the Wrongful Acts of those contemplated in paragraphs 1., 2. or 3. of the definition of ”’You’ or ‘Your’”: 2. The following definition is added to Clause VI. DEFINITIONS: AI-A.Additional Insured means any person(s) or organization(s) with whom You have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Policy, provided the contract or agreement: 1. is currently in effect or becomes effective during the Policy Period; and 2. was executed before the Professional Services from which the Claim arises were performed. 3. In Clause III.EXCLUSIONS, paragraph F. is deleted in its entirety and replaced with the following: F. brought by or on behalf of one Insured against another Insured; provided, however, this Exclusion will not apply to any Claim brought by an Additional Insured in any capacity other than that of an Additional Insured. All other terms and conditions remain unchanged. P100.357.906.8 Atium Engineering 1 06/27/2024 Hiscox Insurance Company Inc. Endorsement 2 NAMED INSURED: Atium Engineering Architects, Engineers and Drafting Services Endorsement Page 1 of 4 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1.In Clause VI. DEFINITIONS, paragraph O., “Professional Services,” is amended to read as follows: O.Professional Services means the below list services performed for others for compensation: 1.architectural services; 2.engineering services; and/or 3.drafting services. 2.In Clause VI. DEFINITIONS, paragraph C., “Claim,” is amended to include the following at the end thereof: Claim will also include any Pollution Liability Claim. 3.Clause VI. DEFINITIONS is amended to include the following at the end thereof: AE-A.Pollution Liability Claim means a Claim against You arising out of any actual, alleged, or threatened discharge, dispersal, release, or escape of Pollutants directly resulting from Your performance of Professional Services and includes the reasonable and necessary fees, costs, and expenses You incur with Our prior consent to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize Pollutants. 4.In Clause III. EXCLUSIONS, paragraph E. is deleted in its entirety and replaced with the following: E.brought by or on behalf of any federal, state, or local government agency or professional, or trade licensing organization; provided, however, this exclusion will not apply to: 1.Claims brought in their capacity as a client receiving Your Professional Services; or 2.administrative or disciplinary proceedings coverage as described in this Endorsement. 5.Clause III. EXCLUSIONS, paragraph K. is deleted in its entirety and replaced with the following: K.based upon or arising out of any actual or alleged Bodily Injury to an Insured or to any employee of an Insured. 6.Clause III. EXCLUSIONS, paragraph L. is deleted in its entirety and replaced with the following: L.based upon or arising out of any actual, alleged, or threatened discharge, dispersal, release, or escape of Pollutants, including any direction or request to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize Pollutants; provided, however, this exclusion will not apply to Pollution Liability Claims. 7.Clause III. EXCLUSIONS, paragraph S. is deleted in its entirety and replaced with the following: S.based upon or arising out of any actual or alleged actuarial services, medical or nursing services, insurance agent/broker services, legal services, or services as an architect or engineer; provided, however, this exclusion will not apply to Claims based upon or arising out of Your Professional Services. Hiscox Insurance Company Inc. Endorsement 2 NAMED INSURED: Atium Engineering Architects, Engineers and Drafting Services Endorsement Page 2 of 4 8.Clause III. EXCLUSIONS is amended to include the following at the end thereof: This Policy does not apply to and We will have no obligation to pay any Damages, Claim Expenses, or Supplemental Payments for any Claim: AE-A.based upon or arising out of any tangible goods or products fabricated, manufactured, sold, handled, or distributed by You or anyone on Your behalf; AE-B.based upon or arising out of Your performance of or failure to perform Construction or Construction-related services including, but not limited to, any management, supervision, or monitoring services on projects where You are also directly performing any Construction. For purposes of this exclusion, Construction will mean assembling material, erection, excavation, fabrication, installation, demolition, or other similar or related work or services on any structure, facility, element, or component of whatever nature or size; AE-C.based upon or arising out of any actual or alleged failure to procure or maintain adequate insurance or bonds; AE-D.based upon or arising out of Your performance of or failure to perform Professional Services in connection with the construction, reconstruction, demolition, renovation or any other construction-related activities for the following: 1.amusement rides, pools, or playgrounds; 2.bridges, dams, harbors, mines, piers, or tunnels; 3.condominiums; 4.foundation, sheeting, or retaining walls; or 5.underground storage tanks or utilities; AE-E.based upon or arising out of Your performance of or failure to perform Professional Services in connection with any: 1.emergency response; 2.clean up of hazardous waste; or 3.professional remediation services; AE-F.based upon or arising out of induced hydraulic fracturing, hydrofracturing, or fracking; AE-G.based upon or arising out of Your performance of or failure to perform inspection services related to any residential real estate transaction; AE-H.based upon or arising out of any laboratory testing; AE-I.based upon or arising out of any land surveying, boundary surveying, or construction staking; AE-J.based upon or arising out of Your performance of or failure to perform the following types of engineering services: 1.geotechnical/soils; Hiscox Insurance Company Inc. Endorsement 2 NAMED INSURED: Atium Engineering Architects, Engineers and Drafting Services Endorsement Page 3 of 4 2.marine; 3.mechanical; 4.mining; 5.nuclear; 6.oil/gas/well; 7.petro/chemical; or 8.structural; AE-K.based upon or arising out of the design, testing, manufacture, mining, use, sale, installation, distribution, containment, or removal of asbestos, asbestos products, asbestos fibers, or asbestos dust; provided, however, this exclusion will not apply to any Claim made against You based upon or arising out of Your performance of Professional Services in connection with the specification of a product, material, or equipment containing asbestos, subject to a sublimit of liability of $200,000, which will be part of and not in addition to, any applicable Limit of Liability; 9.Clause IV. LIMITS OF LIABILITY, DEDUCTIBLE, AND RELATED CLAIMS is amended to include the following at the end thereof: AE-A.Notwithstanding anything in the Policy to the contrary, We will pay Damages and Claim Expenses in excess of the Deductible up to $200,000 per Claim for Pollution Liability Claims. Such sublimit of liability will be a part of, and not in addition, any applicable Limit of Liability. AE-B.FHA/OSHA/ADA REGULATORY PROCEEDING COVERAGE We will reimburse You up to $5,000(the “FHA/OSHA/ADA Proceeding Sublimit”) for the reasonable and necessary expenses incurred by You with Our prior written consent in the investigation, defense, or appeal of a regulatory or administrative proceeding against You arising out of any actual or alleged violation of the Fair Housing Act (FHA), Occupational Safety and Health Act (OSHA), Americans with Disabilities Act of 1990 (ADA), or any state law equivalents, for a regulatory or administrative proceeding first brought against You during the Policy Period for any Wrongful Acts committed or allegedly committed on or after the Retroactive Date and reported to Us in accordance with Clause II. NOTICE OF CLAIMS AND NOTICEOF POTENTIAL CLAIMS. We will have the right, but not the duty, to assume the defense of such regulatory or administrative proceedings as described above. Notwithstanding anything in the Policy to the contrary, no Deductible will apply to payments made under the FHA/OSHA/ADA Proceeding Sublimit, and such payments will be part of and will reduce the available Limit of Liability. We will not be obligated to reimburse You for: (i) any fines, penalties, or sanctions assessed against You; or (ii) any of Your expenses, salaries, wages, benefits, or overhead. The FHA/OSHA/ADA Proceeding Sublimit is the maximum We will pay during the Policy Period, regardless of the number of regulatory or administrative proceedings brought against You during the Policy Period or the number of Insureds involved. AE-C.ADMINISTRATIVE AND DISCIPLINARY PROCEEDING COVERAGE Hiscox Insurance Company Inc. Endorsement 2 NAMED INSURED: Atium Engineering Architects, Engineers and Drafting Services Endorsement Page 4 of 4 We will reimburse You up to $5,000 (the “Administrative and Disciplinary Proceeding Sublimit”) for the reasonable and necessary expenses incurred by You with Our prior written consent in the defense of an administrative or disciplinary proceeding first brought against You during the Policy Period for any Wrongful Acts committed or allegedly committed on or after the Retroactive Date and reported to Us in accordance with Clause II. NOTICE OF CLAIMS AND NOTICE OF POTENTIAL CLAIMS. We will have the right, but not the duty, to assume the defense of such administrative or disciplinary proceedings as described above. Notwithstanding anything in the Policy to the contrary, no Deductible will apply to payments made under the Administrative and Disciplinary Proceeding Sublimit, and such payments will be part of and will reduce the available Limit of Liability. We will not be obligated to reimburse You for: (i) any fines, penalties, or sanctions assessed against You; or (ii) any of Your expenses, salaries, wages, benefits, or overhead. The Administrative and Disciplinary Proceeding Sublimit is the maximum We will pay during the Policy Period, regardless of the number of administrative or disciplinary proceedings brought against You during the Policy Period or the number of Insureds involved. All other terms and conditions remain unchanged. Endorsement effective:June 27, 2024 Policy No.:P100.357.906.8 Endorsement No:2 By: Kevin Kerridge (Appointed Representative) DPL E5164 CW (09/15) Hiscox Insurance Company Inc. Endorsement 3 NAMED INSURED: Atium Engineering California Amendatory Endorsement Page 1 of 3 This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY - ERRORS AND OMISSIONS INSURANCE In consideration of the premium charged, it is understood and agreed that the Policy is modified as follows: 1.Section V. OTHER MATTERS AFFECTING COVERAGE is amended to include the following at the end thereof: CANCELLATION Notice of Cancellation A.The Named Insured may cancel this Policy by giving Us advance written notice stating when thereafter such cancellation shall be effective. If the Named Insured cancels this Policy, the refund may be less than pro rata. Provided, however, if this Policy shall be cancelled by the Named Insured within 14 days of the inception of the Policy Period without having submitted a Claim, We shall return in full any premium amount actually paid to Us. In such event, the effective date of cancellation shall be deemed to be the inception date of the Policy Period. B.Policies In Effect For 60 Days or Less If this Policy has been in effect for sixty (60) days or less, and is not a renewal of a Policy We have previously issued, We may cancel this Policy by mailing or delivering to the Named Insured at the mailing address shown in the Declarations and to the producer of record, if any, advance written notice of cancellation stating the reason for cancellation at least : Ten (10) days before the effective date of cancellation if We cancel for: (a)Non-payment of premium; or (b)Discovery of fraud by: i.The Insured or the Insured's representative in obtaining this insurance; or ii.The Insured or the Insured's representative in pursuing a Claim under the Policy. Thirty (30) days before the effective date of cancellation if We cancel for any other reason. C.Policies In Effect For More Than 60 Days If this Policy has been in effect for more than sixty (60) days, We may also cancel this Policy by mailing or delivering to the Named Insured at the address shown in the Declarations, the producer of record, if any, written notice, including the reason for cancellation, stating when not less than thirty (30) days thereafter (or ten (10) days thereafter when cancellation is due to non-payment of premium or discovery of fraud), the cancellation shall be effective. We may only cancel this Policy for one or more of the following reasons: (a)Nonpayment of premium, including payment due on a prior policy issued by Us and due during the current policy term covering the same risks; (b)Discovery of fraud or material misrepresentation by: i.The Insured or the Insured's representative in obtaining this insurance; or ii.The Insured or the Insured's representative in pursuing a Claim under the Policy. Hiscox Insurance Company Inc. Endorsement 3 NAMED INSURED: Atium Engineering California Amendatory Endorsement Page 2 of 3 (c)A judgment by a court or an administrative tribunal that the Insured has violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against; (d)Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Insured or the Insured's representative, which materially increase any of the risks insured against; (e)Failure by the Insured or the Insured's representative to implement reasonable loss control requirements, agreed to by the Insured as a condition of policy issuance, or which were conditions precedent to Our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against; (f)A determination by the Commissioner of Insurance that the i.Loss of, or changes in, our reinsurance covering all or part of the risk would threaten Our financial integrity or solvency; or ii.Continuation of the policy coverage would: a.Place Us in violation of California law or the laws of the state where We are domiciled; or b.Threaten Our solvency. (g)A change by the Insured or the Insured's representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, is included in the Policy. D.The mailing of the notice of cancellation shall be sufficient proof of notice and this Policy shall terminate at the date and hour specified in such notice. If We cancel this Policy, any return premium shall be calculated pro rata. Payment or tender of any unearned premium by Us shall not be a condition precedent to the effectiveness of the cancellation, but such payment shall be made as soon as practicable. Nonrenewal A.If We elect not to renew this Policy, We will mail or deliver to the Named Insured written notice of nonrenewal, stating the reason for nonrenewal, not less than sixty (60) days, but not more than one hundred twenty (120) days before the end of the Policy Period. We will mail the notice of nonrenewal to the Named Insured at the last mailing address known Us. If the notice of nonrenewal is mailed, proof of mailing will be sufficient proof of notice. B.We are not required to send notice of nonrenewal in the following situations: (a)If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between Us and a member of Our insurance group. (b)If the policy has been extended for 90 days or less, provided that notice has been given in accordance with paragraph A above. Hiscox Insurance Company Inc. Endorsement 3 NAMED INSURED: Atium Engineering California Amendatory Endorsement Page 3 of 3 (c)If the Named Insured has obtained replacement coverage, or if the Named Insured has agreed, in writing, within 60 days of the termination of the Policy, to obtain that coverage. (d)If the Policy is for a period of no more than 60 days and the Named Insured is notified at the time of issuance that it will not be renewed. (e)If the Named Insured requests a change in the terms or conditions or risks covered by the Policy within 60 days of the end of the Policy Period. (f)If We made a written offer to the Named Insured, in accordance with the timeframes shown in paragraph A above, to renew the Policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. 2.Section VII. DEFINITIONS, Paragraph E Damages, is modified to the extent necessary to provide the following: Punitive and exemplary damages shall not be insurable in cases where California law governs the Claim. 3.The Policy is amended by adding the following Clause at the end thereof: Policy Conflicts To the extent any term or condition contained in the Policy or any Endorsement attached thereto conflicts with any term or condition contained in this or any other State Amendatory Endorsement attached to the Policy, such terms and conditions most favorable to the Insured shall apply. All other terms and conditions remain unchanged. Endorsement effective:June 27, 2024 Policy No.:P100.357.906.8 Endorsement No:3 By: Kevin Kerridge (Appointed Representative) DPL E5102 CA (01/10) Hiscox Insurance Company Inc. Endorsement 4 NAMED INSURED: Atium Engineering Cyber Incidents Exclusion Endorsement Page 1 of 1 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1.In Clause III. EXCLUSIONS, Exclusion R. is deleted in its entirety and replaced with the following: R.based upon or arising out of any actual or alleged: 1.unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, or failure to protect any non-public personally identifiable information or confidential corporate information that is in Your care, custody, or control; 2.violation of any privacy law or consumer data protection law protecting against the use, collection, or disclosure of any information about a person or any confidential corporate information; 3.total or partial damage to, loss, corruption, deterioration, destruction, or alteration of, or the inability or impaired ability to access or manipulate any electronic data, software, electronic databases, computers, or any part of a computer system or network; 4.denial of service or delay, disruption, impairment, failure, or outage of any part of a computer system or network; 5.unauthorized or unlawful access to any electronic data or any part of a computer system or network, including through the transmission of any malicious code, such as a computer virus, worm, logic bomb, malware, spyware, Trojan horse, or other fraudulent or unauthorized computer code; or 6.threat, hoax, or demand relating to subparts 1 through 5 above. All other terms and conditions remain unchanged. Endorsement effective:June 27, 2024 Policy No.:P100.357.906.8 Endorsement No:4 By: Kevin Kerridge (Appointed Representative) DPL E1901 CW (08/21) Hiscox Insurance Company Inc. Endorsement 5 NAMED INSURED: Atium Engineering Design Professional Definition of Employee Endorsement Page 1 of 1 In consideration of the premium charged, it is understood and agreed that Definition G. is hereby deleted in its entirety and replaced with the following: G.Employee means any past, present or future: 1.employee (including any part-time, seasonal or temporary employee or any volunteer); 2.partner, director, officer, member or board member (or equivalent position); 3.independent contractor, subcontractor or design professional that an Organization selects, if all of the following conditions are met: a.the independent contractor, subcontractor or design professional has a direct contractual relationship with an Organization to perform Professional Services; b.during the time their Professional Services were performed, the independent contractor, subcontractor or design professional was duly licensed and registered to perform such Professional Services in the jurisdiction in which the project was located or work was performed; and c.the Organization requested and received written confirmation that the independent contractor, subcontractor or design professional had in place valid professional liability insurance coverage that would apply to any Claim arising out of the Professional Services performed; or 4.leased worker, of an Organization, but only in their performance of Professional Services under the control and at the direction of the Organization. It is further understood and agreed that any independent contractor, subcontractor or design professional that does not have a direct contractual relationship with an Organization is not an Employee. All other terms and conditions remain unchanged. Endorsement effective:June 27, 2024 Policy No.:P100.357.906.8 Endorsement No:5 By: Kevin Kerridge (Appointed Representative) DPL E5167 CW (05/13) Hiscox Insurance Company Inc. Endorsement 6 NAMED INSURED: Atium Engineering War, Civil War, Cyberwarfare, and NCBR Exclusion Endorsement Page 1 of 2 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1.The following is added to the end of Clause III. EXCLUSIONS: This Policy does not apply to and We will have no obligation to pay any Damages, Claim Expenses, or Supplemental Payments for any Claim: WC-A.based upon or arising out of, directly or indirectly occasioned by, happening through, or in consequence of: 1.war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military, or usurped power; 2.confiscation, nationalization, requisition, destruction of, or damage to property by or under the order of any government, public, or local authority; 3.Cyberwarfare, to the extent not otherwise excluded by paragraph 1; or 4.any NCBR Malicious Act. 2.For purposes of this Endorsement, the following definitions apply: Cyberwarfare means any: 1.unauthorized access to, or use, alteration, corruption, damage, manipulation, misappropriation, theft, deletion, or destruction of, any computer hardware or electronic data; 2.creation, transmission, or introduction into a computer system, computer network, or electronic data of a computer virus or harmful code; or 3.restriction or inhibition of access to a computer system, computer network, or electronic data, including through a denial-of-service (DoS) attack, committed by, or on behalf of, a State. In determining by whom any action listed in parts 1. through 3. above is committed, We will consider to whom any governing body (including the governing body's intelligence, law enforcement, or military services) attributes such action, regardless of whether: A.the computer system, computer network, or electronic data is physically located within the jurisdiction of that governing body; or B.there are inconsistent statements within different branches or agencies of that governing body (including intelligence, law enforcement, or military services) as to whom the action is attributable to. However, if: i.a governing body has not attributed any such action to a State, or any person, group, association, or entity acting on the State's behalf; and Hiscox Insurance Company Inc. Endorsement 6 NAMED INSURED: Atium Engineering War, Civil War, Cyberwarfare, and NCBR Exclusion Endorsement Page 2 of 2 ii.there is at least one Media Report or a cybersecurity forensic firm report indicating that such action is attributed to a State or any person, group, association, or entity acting on the State's behalf, then We will not pay any Damages, Claim Expenses, or Supplemental Payments resulting from any action listed in parts 1. through 3. above until any governing body attributes such action to a State or any person, group, association, or entity acting on the State's behalf. If a governing body does not attribute such action to a State or any person, group, association, or entity acting on the State's behalf, or declares it is unable to do so, then a Media Report or cybersecurity forensic firm report will be conclusive evidence that the act was committed by, or on behalf of, a State. For purposes of this definition, "Media Report" means an article published by the Associated Press, Reuters, Wall Street Journal, or the British Broadcasting Corporation. For purposes of this definition, "State" means a sovereign state, state-like entity, quasi-state, proto- state, or a state-sponsored actor or group. NCBR Malicious Act means an act or series of acts that harms another person or damages property through the physical release or dispersal of Nuclear, Chemical, Biological, or Radiological Agents or Materials, which is carried out by any person or group of persons, whether acting alone, on behalf of, or in connection with any organization. Nuclear, Chemical, Biological, or Radiological Agents or Materials means: 1.nuclear reaction, nuclear radiation or radioactive particles, whether released or dispersed by nuclear or conventional devices; 2.any chemical compound; or 3.any pathogen, in sufficient concentration to cause harm to people or damage to property. All other terms and conditions remain unchanged. Endorsement effective:June 27, 2024 Policy No.:P100.357.906.8 Endorsement No:6 By: Kevin Kerridge (Appointed Representative) DPL E1919 CW (03/23) Hiscox Insurance Company Inc. Endorsement 7 NAMED INSURED: Atium Engineering Cannabis Exclusion Endorsement Page 1 of 1 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: 1.The following is added to the end of Clause III. EXCLUSIONS: This Policy does not apply to and We shall have no obligation to pay any Damages, Claim Expenses, or Supplemental Payments for any Claim: CA-1.based upon or arising out of, directly or indirectly occasioned by, or in consequence of: 1.the design, cultivation, manufacture, storage, transport, processing, packaging, handling, testing, distribution, sale, serving, furnishing, possession, protection, or disposal of Cannabis by anyone; 2.the actual, alleged, threatened, or suspected use, inhalation, ingestion, absorption, or consumption of, contact with, exposure to, existence of, or presence of Cannabis by anyone; or 3.the performance of or failure to perform any services or operations of any kind, including but not limited to any banking, advisory, consulting, legal, compliance, financial, design, or logistical services, in connection with or relating to Cannabis. This exclusion applies even if the Claim against any Insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that Insured. 2.The following is added to the end of Clause VI. DEFINITIONS: CA-A.Cannabis means any good or product that consists of or contains any amount of Tetrahydrocannabinol (THC) or any other cannabinoid, regardless of whether any such THC or cannabinoid is natural or synthetic. Cannabis includes but is not limited to any of the following containing such THC or cannabinoid: 1.any plant of the genus Cannabis L., or any part thereof, such as seeds, stems, flowers, stalks and roots; or 2.any compound, byproduct, extract, derivative, mixture or combination, such as: a.resin, oil or wax; b.hash or hemp; or c.infused liquid or edible cannabis; whether or not derived from any plant or part of any plant set forth in paragraph 1 above. All other terms and conditions remain unchanged. Endorsement effective:June 27, 2024 Policy No.:P100.357.906.8 Endorsement No:7 By: Kevin Kerridge (Appointed Representative) DPL E1918 CW (03/23) Hiscox Insurance Company Inc. Endorsement 8 NAMED INSURED: Atium Engineering Misappropriation of Funds Exclusion Endorsement Page 1 of 1 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: The following is added to the end of Clause III. EXCLUSIONS: This Policy does not apply to and We will have no obligation to pay any Damages, Claim Expenses, or Supplemental Payments for any Claim: MF-A.based upon or arising out of any actual or alleged theft, misappropriation, commingling, conversion of, or inability or failure to safeguard any funds, monies, assets, or property, regardless of ownership. All other terms and conditions remain unchanged. Endorsement effective:June 27, 2024 Policy No.:P100.357.906.8 Endorsement No:8 By: Kevin Kerridge (Appointed Representative) DPL E0003 CW (08/23) Notices Policyholder Notice Electronic Delivery Page 1 of 1 INT N003 CW (01/19) If you received your insurance policy by email, it is because you have chosen electronic delivery of your policy documents and important notices, including cancellation and nonrenewal notices where permitted by law. We also will send any renewal policy documents to you by email at the address you have provided. If you are currently receiving paper documents and would like to have ease of retrieval and access and save on storage space, you will need to contact us and update your preferences. Most documents can be sent electronically within minutes. For electronic documents, you will need a computer or mobile device with Internet access and the ability to receive external emails. You also will need software such as Adobe Reader®that allows you to view and save PDF documents, and a printer to create paper copies. At any time you may request a paper copy of your policy,or you may withdraw your consent to receive documents by email. We will then send documents to you by US mail at no added cost. You must notify us if your email or street address changes. To update your email or street address, or to request paper documents,please contact us at 888-202-3007. Hiscox Insurance Company Inc. ECONOMIC AND TRADE SANCTIONS POLICYHOLDER NOTICE INT N001 CW 01 09 Page 1 of 1 Hiscox is committed to complying with the U.S. Department of Treasury Office of Foreign Assets Control (OFAC) requirements. OFAC administers and enforces economic sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, and narcotics traffickers as Specially Designated Nationals (SDN’s) and Blocked Persons. OFAC has also identified Sanctioned Countries. A list of Specially Designated Nationals, Blocked Persons and Sanctioned Countries may be found on the United States Treasury’s web site http://www.treas.gov/offices/enforcement/ofac/. Economic sanctions prohibit all United States citizens (including corporations and other entities) and permanent resident aliens from engaging in transactions with Specially Designated Nationals, Blocked Persons and Sanctioned Countries. Hiscox may not accept premium from or issue a policy to insure property of or make a claim payment to a Specially Designated National or Blocked Person. Hiscox may not engage in business transactions with a Sanctioned Country. A Specially Designated National or Blocked Person is any person who is determined as such by the Secretary of Treasury. A Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States. In accordance with laws and regulations of the United States concerning economic and trade embargoes, this policy may be rendered void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including, but not limited to the following: (1) Any insured under this Policy, or any person or entity claiming the benefits of such insured, who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to US economic trade sanctions; (2) Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country government, where any action in connection with such claim or suit is prohibited by US economic or trade sanctions; (3) Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to US economic or trade sanctions; (4) Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control of a Sanctioned Country government, where any activities related to such property are prohibited by US economic or trade sanctions; or (5) Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or Blocked Person, or any person or entity who is otherwise subject to US economic or trade sanctions. Please read your Policy carefully and discuss with your broker/agent or insurance professional. You may also visit the US Treasury’s website at http://www.treas.gov/offices/enforcement/ofac/. Peer Review of Photovoltaic Systems Design and Installation Project Programming Report Final Audit Report 2025-01-06 Created:2024-12-21 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAHWBR914xyvS2RSGqCVVmix1MCGaFEU0d "Peer Review of Photovoltaic Systems Design and Installation Pr oject Programming Report" History Document digitally presigned by J. David Maino (maino@atiumeng.com) 2024-12-18 - 3:50:51 PM GMT- IP address: 98.207.177.162 Document digitally presigned by J. David Maino (maino@atiumeng.com) 2024-12-18 - 3:50:59 PM GMT- IP address: 98.207.177.162 Document created by Webmaster Admin (webmaster@cupertino.org) 2024-12-21 - 3:23:26 AM GMT- IP address: 35.229.54.2 Document emailed to Sundari Pilaka (Sundarip@cupertino.org) for approval 2024-12-21 - 3:46:16 AM GMT Email viewed by Sundari Pilaka (Sundarip@cupertino.org) 2024-12-21 - 3:46:27 AM GMT- IP address: 52.202.236.132 Document approved by Sundari Pilaka (Sundarip@cupertino.org) Approval Date: 2024-12-21 - 3:50:35 AM GMT - Time Source: server- IP address: 98.207.177.162 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-12-21 - 3:50:39 AM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2024-12-21 - 3:50:50 AM GMT- IP address: 52.202.236.132 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-12-23 - 3:39:49 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to maino@atiumeng.com for signature 2024-12-23 - 3:39:53 PM GMT Email viewed by maino@atiumeng.com 2024-12-23 - 4:00:59 PM GMT- IP address: 74.125.209.32 Signer maino@atiumeng.com entered name at signing as J David Maino 2024-12-23 - 4:02:11 PM GMT- IP address: 75.58.10.219 Document e-signed by J David Maino (maino@atiumeng.com) Signature Date: 2024-12-23 - 4:02:13 PM GMT - Time Source: server- IP address: 75.58.10.219 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-12-23 - 4:02:17 PM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-12-23 - 4:02:30 PM GMT- IP address: 3.232.50.116 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-12-23 - 4:18:00 PM GMT- IP address: 8.39.134.94 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-12-23 - 4:18:02 PM GMT - Time Source: server- IP address: 8.39.134.94 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2024-12-23 - 4:18:06 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2024-12-23 - 4:18:13 PM GMT- IP address: 3.232.50.116 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2024-12-23 - 6:37:03 PM GMT - Time Source: server- IP address: 172.116.178.198 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-12-23 - 6:37:07 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-12-23 - 6:37:15 PM GMT- IP address: 52.202.236.132 New document URL requested by Kirsten Squarcia (kirstens@cupertino.org) 2025-01-06 - 5:21:27 PM GMT- IP address: 176.108.138.169 Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-01-06 - 5:21:35 PM GMT- IP address: 52.202.236.132 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-01-06 - 5:22:17 PM GMT - Time Source: server- IP address: 176.108.138.169 Agreement completed. 2025-01-06 - 5:22:17 PM GMT