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25-180 Air Applied Mulch for Installation and Cleanup of Engineered Wood Fibers at City Parks
Installation and Cleanup of Engineered Wood Fiber at City Parks Page 1 of 9 Professional/Consulting Contracts /Version: March 2025 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Air Applied Mulch (“Contractor”), a Limited Liability Company for Installation and Cleanup of Engineered Wood Fiber at City Parks, 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 March 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or 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. Installation and Cleanup of Engineered Wood Fiber at City Parks Page 2 of 9 Professional/Consulting Contracts /Version: March 2025 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 $36,872.94 (“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 paym ent 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 Installation and Cleanup of Engineered Wood Fiber at City Parks Page 3 of 9 Professional/Consulting Contracts /Version: March 2025 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. Installation and Cleanup of Engineered Wood Fiber at City Parks Page 4 of 9 Professional/Consulting Contracts /Version: March 2025 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 o f 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 making 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 Installation and Cleanup of Engineered Wood Fiber at City Parks Page 5 of 9 Professional/Consulting Contracts /Version: March 2025 of Contractor or its subcontractors or sub-subcontractors; (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. Installation and Cleanup of Engineered Wood Fiber at City Parks Page 6 of 9 Professional/Consulting Contracts /Version: March 2025 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious 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 Kevin Greene 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 Bryce Harper 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. Installation and Cleanup of Engineered Wood Fiber at City Parks Page 7 of 9 Professional/Consulting Contracts /Version: March 2025 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. Installation and Cleanup of Engineered Wood Fiber at City Parks Page 8 of 9 Professional/Consulting Contracts /Version: March 2025 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: Kevin Greene Email: KevinG@cupertino.org To Contractor: Air Applied Mulch LLC 10250 Badger Creek Lane Wilton, CA 95693 Attention: Bryce Harper Email: bryceharper@airapplied.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 Installation and Cleanup of Engineered Wood Fiber at City Parks Page 9 of 9 Professional/Consulting Contracts /Version: March 2025 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: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Bryce Harper Owner 09/09/2025 Chad Mosley Director of Public Works 09/22/2025 09/22/2025 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 Air Applied Mulch LLC. 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 ____________, 2025, at California. ______________________________ PRINT NAME ______________________________ SIGNATURE Sacramento09September Br yce Harper EXHIBIT A-C 1. SCOPE OF WORK A. The Contractor shall furnish all labor, tools, equipment, materials, and supervision necessary to perform the installation of the Engineered Wood Fiber (EWF) playground certified woodchip as described in this section. B. All work shall be done in a first class, complete and workmanlike manner, confirming to best industry practices and applicable original manufacturer specifications. C. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions in connection with the work and shall comply with all applicable safety laws, best industry standards, and take all reasonable precautions for safety of the public, City employees and other persons on or about the property. D. SCHEDULE OF PERFORMANCE The normal (standard) working hours for this contract shall be from 8:00am to 2:30pm Monday through Friday. Work to be completed by March 31, 2026. E. Contractor shall possess a valid Contractor’s and City’s business license. F. Upon completion of the scheduled work or at the end of the day, whatever occurs first, the Contractor shall clean the grounds occupied by Contractor in connection with the project, of all rubbish, debris, excess material and equipment, leaving the entire site of the work in a neat and presentable condition. G. Contractor is responsible for compliance with all applicable laws. Without limiting the generality of the foregoing, Contractor shall possess all permits and/or licenses required by the State of California. H. Contractor is fully responsible for any and all damage done to public or private property that results from the contractor’s operations. This shall also include any damage done to buildings and other improvements. I. Each worker performing work under this Contract shall be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code for Service Order greater than $1,000, if applicable. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. Responsibilities of the Contractor include, but are not limited to, the following: • Contractor shall furnish and install Engineered Wood Fiber (EWF) playground certified woodchip in the following locations: o Blackberry Farm Park o Canyon Oak Park o Creekside Park o Franco Park o Hoover Park o Jollyman Park o Linda Vista Park o Memorial Park o Monta Vista Recreation o Center/Park o Portal Park o Somerset Square Park o Sterling Barnhart Park o Three Oaks Park o Varian Park o Wilson Park • Contractor shall provide transportation of materials in trucks that can safely fit and maneuver at parks and residential neighborhoods. • Engineered wood fiber shall be blown in. Air Applied Mulch LLC is responsible for delivery, installation, and clean up of areas listed. Clean up is limited to the new material installed. • All engineered wood fiber shall be compacted at the time of installation as the blown in application compacts the material with air pressure. • Site shall be cleaned of engineered wood fiber in all areas outside of the installed area. Any damage to the site shall be restored to its original condition at the expense of the contractor. Contractors License # 675407 DIR #1000639618 Air Applied Mulch LLC 10250 Badger Creek Ln Wilton, CA 95693 USA 9165291995 bryceharper@airapplied.com Estimate ADDRESS City of Cupertino 21121 Stevens Creek Blvd Cupertino 95014 SHIP TO City of Cupertino 21121 Stevens Creek Blvd Cupertino 95014 ESTIMATE #DATE 1513 04/01/2025 ACTIVITY DESCRIPTION QTY RATE AMOUNT Playground Installation Installation and Clean up of Blackberry Farm Park Canyon Oak Park Creekside Park Franco Park Hoover Park Jollyman Park Linda Vista Park Memorial Park Monta Vista Recreation Center/Park Portal Park Somerset Square Park Sterling Barnhart Park Three Oaks Park Varian Park Wilson Park 900 13.50 12,150.00 EWF Playground Certified Woodchips 900 15.50 13,950.00T Delivery 8 750.00 6,000.00 performance bond Performance bond for the Project 1 3,500.00 3,500.00 COMPENSATION Contractors License # 675407 DIR #1000639618 *Site conditions & scope of work were provided by customer. The customer must notify Air Applied Mulch of any changes in site conditions or scope of work at least 2 days prior to work date. *Price estimate is based on prevailing wages. Material quanitities & square footage are per customer, are not verified by Air Applied Mulch. *Engineering specifications for complying with ADA & CPSC Federal guidelines were provided to Air Applied Mulch by customer. *Terms: COD unless pre approved for payment within 30 days after date of service. *Price estimate is valaid for 30 days after date of estimate. *CPSC Federal guidelines were provided to Air Applied Mulch by customer. *Terms: COD unless pre approved for payment within 30 days after date of service. Price estimate is valid for 30 days after date of estimate. SUBTOTAL 35,600.00 TAX 1,272.94 TOTAL $36,872.94 Accepted By Accepted Date Exh. D-Insurance Requirements for Professional Consultant Contracts 1 Version: May 2025 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) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. 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 allow and be endorsed "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and 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. The City’s own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 each accident for bodily injury and property damage. Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). 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. Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). EXHIBIT D Insurance Requirements Professional Consultant Contracts Exh. D-Insurance Requirements for Professional Consultant Contracts 2 Version: May 2025 In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the 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. City approval of coverage is required prior to commencement of services. 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 each accident/ disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims-made basis 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. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed 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 if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non-Contributory Coverage Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed 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. If a carrier will not provide the required notice of cancellation or policy modification, the Consultant shall provide written notice to the City of a cancellation or policy modification no later than 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 General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Exh. D-Insurance Requirements for Professional Consultant Contracts 3 Version: May 2025 Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). 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 amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including 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 indemnification, defense, and 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. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD IYYYY) ~ 05/07 /2025 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. It 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). PRODUCER vv, '""' Luke Le ydo n NAME: REMEDY INSURANCE PROS iA~gNJo, Extl : 510-331-8932 I FA X (AIC ,No): 35226 Farada y Ct C:·mM,c lu ke@ remedyin surancepros.com ADDRESS : INSURER(S) AFFORDING COVERAGE NAIC# Fremont CA 94536-24 17 INSURER A : Continental Casualty Company 20443 INSURED INSURER B : Employers Preferred In surance Company 10346 BRYCE HARPER al:ia AIR APPLIED MULCH SERVICE INSURER C : 10250 BADGER CREEK LANE INSURER D: INSURER E : · /NILTON CA 95693 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION 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 CONDIT ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DES CR IBED HERE IN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~t< TYPE OF INSURANCE r c:, r'Ulll,;Y ~Ar-LIMITS LTR INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~.ooo,ocicl >--D CLAIMS-MADE [BJ OCCUR UAMAC,C: I U t<C:N I C:U PREMISES (Ea occurrence) $ 100,000 - Bl /PD DEDUCTIBLES $2,500 .00 MED EXP (Any one person) $ 5,000 - A y y C6987613860 03/14/2025 03/14/2026 PERSO NAL & ADV INJURY $ 2,000,000 - GEN'L AGGR EG ATE LIMIT APPLI ES PER: GENERAL AGGREGATE $ 4,000,00q ~ □P RO-□ PROD UCTS -CO MP/O P AGG $ 4,000,000 POLICY JECT LOG OTHE R: Bl/ PD DEDUCTI BLE S $2,500 $ AUTOMOBILE LI ABI LI TY (Ea accidenttN(jLI= LI M I I $ - ANY AUTO BODILY INJURY (Per person ) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BOD ILY INJURY (Per accident) $ --NON-OWNED (P~'r' ac?"~id~~t\"'M"'-'" $ HIRED AUTO S AUTOS --$ UMBRELLA LIAB HOCC UR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS -M ADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I STATUTE I I ~RM· AND EMPLOYERS' LIABIL ITY YIN $ ff ,ooo,ooq ANY PROPRIETOR/PARTNER/EXECUTIVE [I] E.L. EACH ACCIDENT B OFFICER/MEMBER EXCLUD ED? N/A EIG5899647-00 03 /2 0/2025 03/20/202q (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requ ired) 1\dditional Insured: City of Cupertino, it's Council, officers, officials, em()loyees, agents, servants, and volunteers. CERTIFICATE HOLDER Cupertinq ACORD 25 (2014/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE CA 95014-3201 a&6~ © 1988-2014 ACORD CORPORATION. A ll rights reserved. The ACORD name and logo are registered marks of ACORD Gene ral Liab ility Po li cy In sured : AIR APPLIED MULCH SERVICE DBA: AIR APPLIED MULCH SERVICE GL Po li cy Numb er: C6987613860 IM Policy Numb er: Effect ive Date : 03/14/2025 b tis GL Carrier : Continental Casualty Company IM Carrier : Wha t happens now? An in spect ion is a requirement of cont inu ed coverage . You may have rece ived an on lin e self -in spect ion by ema il and/or te xt message, or our In spection Company may contact you by phone. Comp le te this process as soon as possible to avoid an interruption or cance ll at ion in coverage . If you need to reque st an Additiona l Insured endorsement, or make an y further modifications to y our polic y, pleas e contact your Agent : Y ou r Agent: YourAgent'sphonenumbe~ Y our Agent's email address: Luke Leydo n 5103318932 info@remedyinsurancepros.co Please do not he sitate t o call your Agent shou ld you ha v e an y question s. Thank you for your business, Th e Gener al Liabili ty Tea m @ BTI S ,r Agent Name : Agent Number: Agent Email: Agency Name: Agency Address: Luke Leydon 5103318932 info@remedyinsurancepros.com LU106 -Remedy Finan cia l & In su rance Services 35226 Faraday Ct , Fremont , CA 94536 Requested Effective Date: 03/14/2025 Submission Id : QCN08160794 Policy Number: C6987613860 CNA Best Choice General Liability Application Summary Thank you for choosing BTIS® fo r your General Liability insurance needs. The following is an overview of the information that you provided. Should you have any questions, ple ase do not hesitate to contact your Agent.. Your Personal Information I Name I . ~ma il Add re ~ -~ Phon e Number I CellP hone Number Your Business Information Business Name(s) Applicant Name DB A Business Address(es) [ Location Address - Mailing Address Your Coverages & Limits f General Liability Coverage I Policy -Term Issuing Carrier General Liability Limits of Insurance r General Aggregate Each Occurrence Products -Comp leted Op_:rations ~ggregate Personal & Advertising Injury Medical Expense Limit (Any one person) j Bryce Harper bryceharper@airapplied.com 916-230-0167 I --- A IR APPLIED MULCH SERVICE AIR APPLIED MULCH SERVICE 10250 Badg er Creek Lane , Wilton , CA 95693 10250 Badger Creek Lane, Wilton, CA 95693 l -- Occurrence Form - 03/14/2025 -03/14/2026 Continental Casualty Company $4,000,000 $2,000,000 $4,000,000 $2,000,000 I $5,ooo _J l CNA98211XX (1-2021) Page 1 of 7 3/14/2025 8:16 PM b tis ; I Agent Name: Agent Number: Agent Email: Agency Name: Agency Address: Luke Leydon 5103318932 info@remedyinsurancepros.com LU106 -Remedy Financial & In surance Services 35226 Faraday Ct, Fremont, CA 94536 l Damage to Prem~;; Rented to You (Any one p, em,ses) ----- Deductible -PD/Bl Per Claim ------ Requested Effective Date: 03/14/2025 Submission Id : QCN08 160794 Policy Number: C6987613860 $100,000 $2,500 J_ -~ It is declared that this application and any materials submitted or requ ired (which sha ll be maintained on file by the Insurer and be 7 deemed attached as if physically attached to the proposed Policy) are true and are the basis of the proposed Policy and are to be j con~idered as incor orated in to and c~stituting a part of the proposed Policy. __ ___ _ Your Classification Statements Business Operations 97047 • Landscaping Gardening /Lawn Care (Mow, Blow and Go) Percentage of Work: 100% The following operations are included in this classification: -Basic landscape/lawn care service , maintenance and gardening -mow in g, mulching, planting and/or installation -Over-the-counter fertilizer/w eed co ntrol -Lawn sprinkler in stallation -Tree trimming from ground level on ly and in cidenta l to other landscaping operat ions -Work on slop es up to 20 degrees The following operations are not included in this classification: -Any work conducted under a tree service license -Road, highway, bridge , overpass work, dam or levee work -Retaining wa ll work -Swimm ing pool , spa or pond work -Environmenta l clean-up -Playground work or skateboard parks -Agricultural work including crop/aer ial spraying -Artificial turf on sports fields -Rental of eq uipm ent to others -Snow removal -Application of pesticides or herbicides other than those availab le w ithout specia l li censing -Erosion control work -Sale and/or installation of mosquito control misting system -Excavation or grading of land -Green Roof landscaping and/or lawn care work on building rooftops -Utility lin e clearance/maintenance work -Growing/farming turf sod/grass -Garbage or refuse collection including dumps for others -In sta ll ation of automatic sprinkler systems for indoor use or plumbin g systems, other than those for exterior landscape irrigation/lawn sprinkler systems -Installation of hardscape, suc h as decks, verandas, porches or patios -Any operations beneath ground surface without verifi cation of underground utilities by a locating serv ice b tis CNA982 11 XX(1-2021) Page2of7 3/14 /2025 8:16 PM Agent Name: Agent Number: Agent Email : Agency Name : Agency Address: Lu ke Leydon 51033 18932 info@remedyinsurancepros .com LU10 6 -Remedy Fin ancial & In surance Serv ices 35226 Farad ay Ct , Fremont , CA 94536 I Description of Operations Requested Effective Date : 03/14/2025 Submiss io n Id : QCN 08160794 Policy Number: C6987613860 This is a li censed contractor w ho performs commerc ial landscape garden ing works. Special Conditions No New Residential Construction Work Prior to Certificate of Occupancy is Allowed. Premium Credit is Applied. Payroll, Sub Costs & Receipts I Tota l Annual Act ive Employe e Payroll r Total Annual Sub-Contracting Cost; - Estimated Annual Gross Receipts Additional Business Information Contractor License Numb er Type of Bus in ess Ent ity Number of Years of Experience Number of Years in Busin ess Number of Active Owners Insurance History ----------- I $167,ooo I $0 -- $400,000 675407 So le Propr ietor or In dividu al 19 15 4+ years of coverage, no lapse and no loss es --·---------------- ~_?£>t ional Coverages _ ___ -·· _ __ _ ____ _ ____ _ ---------- I Blanket Additional In sured Form (CG 2010 07/04 equivalent) In clu ded l Includes Primary Wording & Waiver of Subrogation w~en required by written con tract _ _ _ CG 20 37 -Additional In sured -Owners, lessees or Contractors -Avai lab le upon Request I Completed operations Free of charge unless worl<ing for a res1dent1al general contractor and the msureds pottion of the contract is over SI 5 000 then a S250 00 Flat and Fully eamect c/Ja,-ge apphes Serv1ce!Repa1r/Remodef work. only Add Terrorism Coverage /11 accordance with the federal Te,.mrism Risk lnsu,-ance Act we am (equired to p,-ov,de you w1tl1 a notice d1sdoslng the podion of your premium. if any. attflbutable to covel"age for terrorist acts certified unde,. the Teaotism Risk Insurance Act The portion of your premium altnbutable to such coverage ,s shown In the Schedule of /his endorsement or in the policy Declarat,ons Your Eligibility Sta t ements You have not elected to purchase Terrorism Coverage . ------------ The applicant's gross receipts wi ll not exceed $1,500,000 ($1,650,000 if a renewal) in the next 12 months and the applicant ha s no past or current planned resid entia l jobs exceeding $500,000 in value. b tis CNA98211XX (1-2021) Page 3 of 7 3/14/2025 8:16 PM Agent Name: Agent Number: Agent Email: Agency Name: Agency Address: Luke Leydon 5103318932 info@remedyinsurancepros .com LU10 6 -Remedy Financial & In suran ce Services 35226 Faraday Ct, Fremont, CA 94536 Requested Effective Date : 03/14/2025 Submission Id : QCN08160794 Policy Number: C6987613860 The app li cant is not current ly performing , and has not comp leted any work in volv ing apartment conversions, new construction work invo lving apartments, condominiums, town homes or time shares in the prior 4 years , nor does the app li cant plan to begin or complete such work in the future . In the past 2 years the applicant has not built any structures as a general contractor or developer, or performed work as a construction or project manager, and has no pla ns to do so . -- The app li cant does not perform: (1) repair or remediation work as a co ntractor for fire damage, water damage as a result of fire or flood, mo ld damage or termite damage ; or (2) any work related to rai lroads, gas stations, refineries , chemica l plants, airports, public utilities, medical facilities or nursing homes. The app li cant does not perform work in AK, the District of Co lumbi a, HI , KY, MD, or NY . ---- The app li cant is not a subsidiary or affiliate of another entity, and the app li cant does not have any other subsidiaries or affi li ates. In the past 4 yearS, the applicant has not had any claims or legal actions excee.dinQ. $20,000 (including expenses), more -than 2 clai ms (including paid and open claims), or any construction defect, workmanship, action over, uninsured/underinsured subcontractor, or water damage claims, nor is the applicant aware of any such claims pending against it. Th e applicant has at least 2 years or more of experience in their discipline. The app li cant has not, in the past 4 years, performed work prior to approval for occupancy in tract developments of more than 1 O units or any work in mobile home parks and has no plans to do such work in the future. If the app li ca nt hires s ub-contracto rs, it ver ifi es t hat it wi ll obtain cert ifi cates of insurance from a ll sub-contractors prov iding ev idence of genera l li ab ili ty insurance w ith limits at least equal to this policy. The applicant must be named as an additional in sured under each sub-contractor's policy and require a ho ld harmless agreement indemnifying the app li cant against a ll losses from work performed for the applicant by al l sub-contractors where to the fu ll est extent permitted by app li cab le law . The applicant does not perform any roofing, fram in g or window jobs except for incidental work performed as part of eligible operat ions (e .g. Residential Remodeling). The applicant has and maintain s a license in good standing in the jurisdiction(s) where work is performed, that permits the person or organizat ion to perform the type of work they are perform in g, regardless of whether the li cense is mandatory or optional. If a license is not ava ilabl e in the jurisdiction(s) where the work is performed , please answer 'yes'. Your Terms and Conditions Does the applicant agree to all of the terms stated in the above Your Eligibility Statements, Your Qas_sification Stater:i,ents and Your Coverages _§_nd Limits sect ions? Your Policy Premium Information Premium Information Occurrence Form General Liability Premium Blanket Additional Insured Form (CG 2010 07/04 equivalent) Total General Liability Premium Policy Fee (Fu ll y Earned) b tis $2,584 INCLUDED $2,584.00 $175 .00 Yes CNA98211XX (1 -20 21) Page 4 of 7 3/14/2025 8:16 PM Agent Name: Agent Number: Agent Email: Agency Name: Agency Address: Luke Leyden 51033 18932 in fo@ rem edyins urancepros.com LU106 -Remedy Financial & In surance Services 35226 Faraday Ct, Fremont , CA 94536 Total General Liability Policy ------- Broker Fe e --- Grand Total Important Information: -Only US banks are accepted . Requested Effective Date : 03/14/2025 Subm issi on Id : QCN08160794 Po licy Number: C6987613860 $2,759.00 $795 $3,554.00 -A $10 late fee will be applied if payment is received after the due date . Policies are subject to cancellation if payment is not made by the due date . -A charge of $25 will be assessed for any returned payment due to insufficient funds . (In Indiana, bad check charges will not exceed $20 plus the amount actually charged by the depository institution.) -All fully earned fees and premiums are earned at binding except where prohibited. -A $50 fee will be applied to reinstate a cancel led policy (Ohio is $25), subject to underwriting approval to reinstate . Acknowledgements & E-Signature DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT OF 2002 AND ITS EXTENSIONS A. Disclosure Of Premium In accordance with the federa l Terrorism Risk Insurance Act, we are required to provide you w ith a not ice disclosing the portion of your prem iu m, if any, attr ibutable to coverage for terrorist acts cert ified under the Terrorism Risk Insurance Act. The portion of your premium attributabl e to such coverage is shown in the Schedule of this endorsement or in the policy Declarations . B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured unde r the federal program. The federal share equals 80% of that portion of the amount of such insu red lo sses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Calendar Year (January 1 through December 31 ), the Treas ury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. C. Cap On Insurer Part icipation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Calendar Year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act , we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured lo sses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury . Loss Warranty AIR APPLIED MULCH SERVICE , AIR APPLIED MULCH SERVICE is request ing General Liability coverage from Continental Casualty Company (herein after collectively referred to as "Company"). This letter is submitted in connection with the Application of the above captioned Proposed Named Insured for the proposed insurance described above . It is understood and agreed that Company ha s relied upon this letter as being accurate and complete, and such le tter is material to the risk assumed by Company in connection with its underwriting b tis rr • CNA982 11 XX (1-2021) Page 5 of 7 3/14/20 25 8:16 PM Agent Name: Agent Number: Agent Ema il: Agency Nam e: Agency Address: Luke Leydon 5103318932 info@rem edy in suran ce pros .co m LU10 6 -Remed y Financial & Insuran ce Serv ices 35226 Faraday Ct , Fremont , CA 94536 and decision to bind coverage for the proposed Insured. Requested Effective Date : 03/14/2025 Submission Id : QCN 0816079 4 Policy Number: C69876 13860 "Claim" means a request or demand for money or services because of bodily injury, property damage, personal inju ry or advertis ing injury , received by or known by the Proposed Named Insured , including , but not limited to , the service of civil proceed ings , institution of arbitration, or any other alternative dispute resolution proceeding. The undersigned hereby warrant and represent that as of the date this application is executed , they have no knowledge or information of any claim , fact, proceeding , circumstance , act, error or omission which has already given rise or might possibly be expected to give rise to a "Claim" (as defined below) within the meaning of the proposed insurance , against any In sured in the past or future, exce pt for such claims, facts , proceedings, circumstances, acts , errors or omiss ion s, if any, which have been disclosed on this applicat ion , regardless of the resolution of such . On behalf of the proposed Insured , the undersigned acknowledges and agrees that no coverage shall be afforded under the proposed insurance with respect to any "Claim" arising out of, based upon or in consequence of , directly or indirectly resulting from or in any way involving any cla im , fact, proceeding , circumstance, act , error or omission which the proposed Insured had any reason to expect prior to the in ception of the captioned policy period might give rise to a "Claim" against any Insured in the future . • In add ition, the undersigned understands and accepts th e provision that (a) coverage may be den ied for any "Claim ", (b) the Policy may be cance ll ed or rescinded a nd/or (c) the Insured may not be offered renewa l terms sho ul d it be determ in ed by Company that the Insured violated the representations and warrant ies contained in this Warranty in any way . Agreements 181 I verify that my business activities do not include any other act iv ities other than the company operations described in the classifications I have selected . 181 I have read and understood all information in my quote, and verify that all required information has been provided and is accurate . 181 I agree to accept delivery of the insurance policy and all re lated documents via emai l to the emai l address I have provided and consent to electron ic transactions. 181 I agree to all terms and condit ion s . By agreeing, I am consenting to allow Bu ild ers & Tradesmen's Insurance Services, Inc. to bind and issue a policy for my business. Disclaimers This is not a final quote , nor is it an offer of insuranc e . Pricing is based only upon the rating information you have provided and may be subject to change due to additional rating variables . This is not a policy, but merely a general description of coverages . Refer to your actual policy for full coverage details including exclusions and limitations . Your policy will contain all of the terms and conditions applicable in the event of a loss or claim . Acceptability of this risk is de endent u on Com an underwritin review and will be sub·ect to an en ineerin and safet services surve , b tis CNA9821 1XX (1-2021) Pag e 6 of 7 3/14/2025 8 :16 PM Agent Name: Agent Number: Agent Email: Agency Name: Agency Address: Luke Leydon 5103318932 info @remedyinsurancepros.com LU106 -Remedy Financial & Insurance Services 35226 Faraday Ct , Fremont , CA 94536 Requested Effective Date: 03 /14/2 025 Submission Id: QCN08160794 Policy Number: C6987613860 including your comp liance with a ll recommendations made. By signing this form I authorize Builders & Tradesmen's Insurance Services, Inc. ("BTIS") to send text messages to my cel l p hon e. I understand that te xt messaging rates w ill app ly to any messages received from BTIS . I also understand that I or BTIS may revoke this permission in writing at any time. I agree not to hold BTIS liable for any electron ic messaging charges or fees generated by this service. Warnings Coverage Warning: Limitation of Coverage to Business Description Please careful ly review the operations included in the classifi cation(s) you have chosen to describe your business . Coverage under your po li cy only applies to injury or damage caused by operations included in the chosen classification( s ). Fraud Warning NOTICE TO APPLICANTS: Any person who knowingly and with intent to defraud any insuran ce company or other person files an application for insurance or statement of claim containing any materially false or incompl ete inform ation, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. b tis 1 JI CNA98211XX (1-2021) Page 7 of 7 3/14/2025 8:16 PM BEST CHOICE CONTRACTOR PROGRAM CNA Common Policy Declarations Renewal of: NEW Pol icy No. C 698 761386 0 1. 2. 3. 4. Insurance Carrier Name and Address: CONTINENTAL CASUALTY COM PANY 151 N . FRANKL I N ST. CHICAGO, I L 60606 Nam ed In sured and Ma ili ng Address: BRYCE HARPER DBA:AIR APPLIED MULCH SERVICE 10250 BADGER CREEK LANE WILTON , CA 95693 Form of Bus iness: INDIVIDUAL Producer and Ma ili ng Address REMEDY FINANCIAL & INS SERVICES 35226 FARADAY CT FREMONT, CA 94536 Telephon e No .: (s 10) 331 -8932 E-mail add ress: INFO@REMEDYINSURANCEPROS. COM Produ cer Code : LUl06 Business Description: LANDSCAPING GARDENING Policy Period: At 12:01 A.M. Sta nda rd Ti me at your mai li ng From: 03-14 -2025 to 03-14-2026 add ress show n above. This Policy consists of the following Coverage Parts for which a premium is indicated. This premium may be subject to adjustment. Premium:* Commerc i al General Liability Coverage Part $ 2 ,584.00 Commercial Inland Marine Coverage Part $ Not Covered $ Pol i cy Fee $ 1 75.00 Total Premium and Surcharg es:* $ 2 ,759 .00 * Please see each Coverage Part's Declarations for itemization of premiums , ta xes, surcharges and fees . Fo rms and end o rs emen ts atta ch ed to t hi s Policy at issuan ce: Please see Schedule of Applicable Forms These Declarations , along w ith any atta c hed forms and endorsements shall constitute the contract between the insureds and the insurer. IN WITNESS WHEREOF , th e Insurer has caused this Policy to be signed by its Chairm an and Sec retary at Chicago , Illinois. I Chai rman I Secretary CNA 979 11 XX (3-2 0 22 ) Copyright CNA A ll Rig hts Reserved. Page 1 of 1 -I NS URED- CNA BEST CHOICE CONTRACTOR PROGRAM Schedu le of Applicable Forms Policy Number : _C_6_9_8_7_6_1_3_B _6 _o ______ _ I. Policy Level Forms applicable to all Coverage Parts: Form Number CNA LOSS CONTROL CNA OILY RAGS CNAC LAIMS CNA97911 XX (03-2022) CNA97912XX (04-2020) CNA97904XX (04-2020) CNA98620XX (04-2020) IL 00 17 11 /98 IL 02 70 1 2 /1 9 Form Title Best Choice -Loss Control Document Oily Rags Small Business Guide CNA Claims Information Common Po l icy Dec larations Schedule of App l icable Forms Econom ic and Trade Sanctions Condition Rejection of Certified Acts of Terrorism Coverage Common Po li cy Cond it ions California Changes -Cancel l ation and Nonrenewal II. Additional Forms Applicable to Commercial General Liability Coverage Part Form Number CNA98211 XX (04-2020) CNA97913XX (04-2020) CG 00 01 04/13 CG 03 00 01 /96 CG21 0605 /14 CG 21 34 01 /8 7 CG 2 1 5 3 01 /96 CG 2 1541 2/1 9 CG 2 2 43 04 /13 CG 22 79 04 /13 CG 32 34 01 /05 CNA97539XX (04-2020) CNA9 7 544XX (04-2020) CNA97587XX (03-2022) CNA97660XX (04-2020) CNA97663XX (04-2020) CNA97671 XX (04-2020) CNA97699XX (04-2020) CNA9 77 03XX (04-2020) CNA97732XX (04-2020) CNA97774XX (04-2020) CNA97780XX (03-2022) CNA97786XX (04-2020) CNA97838XX (04-2020) CNA9 7 84 7 XX (04-2020) CNA9 7 891 XX (04-2020) CNA97894XX (04-2020) CNA97895XX (04-2020) CNA97905XX (04-2020) CNA97906XX (04-2020) CNA97965XX (04-2020) IL 00 2 1 04/98 CNA97892XX (04-2020) CNA97912XX (4-2020) Form Title App licat ion Commercia l Genera l Liabi l ity Coverage Part Dec l arations Commercia l Genera l Liabi l ity Coverage Form Deductib l e Liabi l ity In surance Ex clusi o n -Access or Dis c losure of Confid ential or Person al In fo rm ati on and Data-re l ated Liability -With Limited Bodil y Injury Exce ptio n Ex c lus ion -Designat ed Wor k Ex c lu sion -Designat ed Ongoing Op er ation s Ex c lu sion -Design ate d Op erati o ns Covere d By a Conso lid at ed (W rap-u p) Ins u ra nce Pro gram Ex clusion -Engineers, Architects or Sur v eyors Prof ess ional Li abilit y Ex c l usion -Contractor s -Professional Liabi l ity Ca lifornia Changes Changes in Commerc ial Genera l Liability Exc l usion -Eart h Movement Blanket Add it iona l Insured -Ow ners , Lessees or Contra ctors Representat i ons Exclusion -Bodi ly In j ury To Employees -Abso l ute Ex clusion -Open Roof Exclusion -Condom in i ums , Townhouses, Time-Shares and Tracts Limi tat ion of Coverage to Described Operations A m ended Def init ions -Emp l oyee, Leased Worker and Temporary Worker Exc l us ion -Unl icensed Cont ractors Independent Contractors Amendment -Other Insurance Condition Exc l us ion -Prior Completed or Abandoned Work Contin uous or Progressive Injury and Damage Exc l usion Emp l oyment-Rel ated Practices Exc l usion Endorsement Exter ior Finish System Products /Comp l eted Operations Property Damage Exc lusion Endorsement Fu ngi / Mold / Mildew / Yeast / Mic robe Ex c l us ion Endorsement Asbestos Exc l usion Endorsement Sil ica Exc l us ion Endorsement Lead Exc lu s ion En dorsement Nuc l ear Energy Liab il ity Exc l us ion Exc l usion of Cert if ied Acts of Terrorism Endorsement Copyright CNA All Rights Rese rv ed . Page 1 of 1 CNA BEST CHOICE CONTRACTOR PROGRAM Economic and Trade Sanctions Condition This endorseme nt modifies insurance provided under the following: COMMON POLICY CONDITIONS • Economic And Trade Sanctions Condition In accordance with laws and regulations of the United States concerning economic and trade embargoes , this policy is void ab initio (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 econom ic and trade embargoes including, but not limited to the following: 1. Any insured , or any person or entity claiming the benefits of an insured, who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or 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 U.S . 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 U .S . 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 U.S. 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 U.S. econom ic or trade sanctions . As used in this endorsement a Specially Designated National or Blocked Person is any person or entity that is on the list of Specia lly Designated Nationa ls and Blocked Persons issued by t he U.S. Treasury Department's Office of Foreign Asset Control (O .F.A.C.) as it may be from time to time amended. As used in th is endorsement a Sanct ion ed Country is any country that is the subject of trade or economic embargoes impo sed by the la ws or regulations of the United States of America . All other terms and conditions of the Policy remain unchanged . This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers , takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy . CNA97904XX (4-2020) Page 1 of 1 Insured Name: BRYCE HARPER Policy No: C6987613860 Endorsement No : Effective Date: 03/14/2025 Copyright CNA All Rights Reserved. In clud es material copyrighted by Insurance Services Office, In c. used with their permission . CNA BEST CHOICE CONTRACTOR PROGRAM Rejection of Certified Acts of Terrorism Coverage REJECTION OF CERTIF IED ACTS OF TERRORISM COVERAGE INSTRUCTIONS TO INSURED: You are hereby notified that under the Terrorism Risk Insurance Act , as extended and reauthorized ("Act"), you have a right to purchase insurance coverage of losses arising out of acts of terrorism, as defined in Section 102(1) of the Act , subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury , under which the federal government shares , with the insu ra nce industry , the risk of loss from future terror is t attacks . This Act applies w hen the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism, which is an act comm itted by an individual or individu als to coerce the government or population of the United States, that results in aggregate losses of $5 million or more . The 20 07 reauthorization no longer requires the act of terrorism to be comm itted by or on behalf of a foreign interest and certified acts of terrorism now encompass, for example, a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be "a cert ified act of terrorism ." You may choose to exc lu de Certified Acts of Terrorism, as described above. This Rejection of Certified Acts of Terrorism Coverage form is valid only if fully completed and returned to us . To reject such coverage, please affirm the REJECTION OF TERRORISM STATEMENT below for the policy number and period indicated by checking the "Reject" box corresponding to the Coverage Part to be rejected In addition, the SIGNATURE BLOCK (below) must be comp leted in its ent irety . The applicab le po licy will then be endorsed to exc lude terrorism, and the premium recalculated . Th e states of CA, CT, GA, HI, IA, IL, MA, ME, MO, NC, NJ, NY, OR, RI, WA , WI, and WV have Standard Fire Po licy (SFP) statutes that are appl icab le to your Property and, in CA, ME, MO, OR and WI, to your Inland Marine coverages . In these stat es, coverage is required to be provided for fire damage that results or fo llows from any cause of loss, even those that are otherwise excluded. As a resu lt, a lthough cert ified acts of terrorism are excluded from your policy , we are statutorily requ ired to in sure against fire damage that might result from otherwise excluded acts of terrorism. In addition, certain states may not allow coverage for certified acts of terror ism to be rejected for any coverage part. Te rror ism coverage cannot be rejected for Work ers' Compensation in any state. If the c irc umstances in the above paragraph apply, the United States Government , Department of the Treasury, will pay a share of terrorism los ses insu red under the federal program . The federal share equa ls 80% of that portion of the amount of such insured los ses that exceeds the applicable insurer retention . However, if aggregate insured losse s attributable to terrorist acts certified under the Act exceed $100 billion in a Calendar Year (January 1 through December 31 ), the Treasury sha ll not make any payment for any portion of the amount of such losses that exceeds $100 billion. Further, this coverage is subject to a limit on our liabili ty , pursuant to the federa l law where if aggregate insured loss es attributable to terrorist acts cert ifi ed under the Act exceed $100 billion in a Calendar Year (January 1 through December 31) and we have met our insurer deductible under the Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, a nd in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures estab li shed by the Secretary of the Treasury . This Rejection of Certified Acts of Terrorism Coverage form app li es only during the policy per iod indicated below. Please consult your CNA agent with any questions regarding this form . CNA98620XX (4-2 0) Copyright CNA Al l Rights Rese rved . Page 1 of 2 CNA BEST CHOICE CONTRACTOR PROGRAM Rejection of Certified Acts of Terrorism Coverage REJECTION OF TERRORISM STATEMENT Account Name: BRYCE HARPER Policy Number: C6987613860 Policy Period: 03/14/2025 to 03/14/2026 Coverage Part Commercial General Liability Coverage Part Reject Yes I hereby agree to the rejection of terrorism coverage for the listed coverage parts, as indic ated above. I understand that a rejection of terrorism coverage means the exclusion of foreign and domestic acts of terrorism that are determined by the Department of Treasury to be Certified Acts of Terrorism as defined in the Terrorism Risk Insurance Act. I also recognize by waiving this coverage, if I so choose to add terrorism coverage on at a later date within this policy term, coverage will not be available if the a lert level has been raised above "orange". I hereby agree that I am abiding by the rules and terms of my mortgagee, los s payee or add it iona l insured as interest may appear, and have notified them of my intent to reject co ve rage. SIGNATURE BLOCK By: Authorized Representative's Signature Authorized Representative's Title Named Insured Date of Signature CNA98620XX (4-20) Copyright CNA All Rights Reserved. Page 2 of 2 IL 00 17 11 98 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 cance lla 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 lnsured's last mailing address known to us . 4. Notice of ca nce llation will state the effect iv e date of cancellation . The policy period will end on that date . 5. If this policy is cance ll ed, we w ill send the f irst 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 t han 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 suffi 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 app ly not only to us, but also to any ratin g, advisory, rate serv ice or similar organization which makes in su rance inspection s, surveys, reports or rec ommendations . 4. Paragraph 2. of this condition does not apply to any in spect ion s, surveys, reports or recom mendations we may make relative to cert ifi ca 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. 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 in sured. 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. IL 00 17 11 98 Copyright , Insurance Services Office , Inc ., 1998 Page 1 of 1 □ IL02701219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES -CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following : CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILIT Y COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of t he Cancellation Common Po lic y Cond ition are replaced by the following : 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 is sued, 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 notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for : (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance ; or (b) You or your representative in pursuing a claim under this policy . b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this po lic y has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cance l th is po licy 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 t he current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy . (3) A judgment by a court or an administrative 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 insured against. IL02701219 © Insurance Services Office, Inc., 2019 Page 1 of 4 (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 representative , which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you 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. (6) A determination by the Commissioner of Insurance that the: (a) Loss of , or changes in , our reinsurance covering all or part of the risk would threaten our financial integrity or solvency ; or (b ) Continuation of the policy coverag e would : (i) P lace us in viol at ion of Ca lifo rnia law or t he law s of t he state where we are do mi c il ed ; or (ii) T hreaten our solv ency . (7) A change by you or your representativ e in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or c hanged risk, unless the added, increased 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 nonpayment 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 th e Cance ll at ion Common Policy Condition : 7. Resident ial Prop erty This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential 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 Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less , and is not a renewal of coverage 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 because the first Named Insured ha s: (1) Acce pte d an offer of eart hqu ake cove rage; or (2) Ca nce ll ed or did not re new a po li cy issued by t he Ca liforn ia Eart hquake A ut hor ity (CEA) t hat i nc lu ded an earthquake policy premium surcharge . However, we shall cancel this policy if th e firs t Named Insured has accepted a new or renewal policy issued by the CEA tha t includes an earthquak e policy premium surcharge but fails to pay the earthquake policy 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 following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part - Causes Of Loss -Special Form ; or (2) Farm Coverage Part -Causes Of Loss Form -Farm Property , Paragraph D. Covered Causes Of Loss -Special. Page 2 of 4 © Insurance Services Office , Inc., 2019 IL02701219 d. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not cance l this policy for one year, beginning from the date the state of emergency is declared , solely because the dwelling or other structure is located in an area in which a w ildfire has occurred.However , we may cancel : (1) When you have not paid the premium, at any time by letting you know at least 10 days before the date cancellation takes effect; (2) If wi llful or grossly negligent acts or omissions by the Named Insured , or his or her representatives, are discovered that materially increase any of the risks insured against; or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, wh ich result in the property becoming uninsurab le. C. The following is added and supersedes any prov is ions to t he 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 , stating 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 exp iration or ann iv ersary 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 provis ion 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 res id ential unit , if such coverage is written under one of the fo llowin g: Commercia l Property Coverage Part Farm Coverage Part -Farm Property -Farm Dwe llin gs , Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as prov ided 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 fo ll ow ing applies on ly to insurers who are associate part ic ipating insurers as established by Cal. Ins . Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage , if one or more of the following reasons appl ies: (1) The nonrenewal is based on sound underwriting princip les that relate to the coverages provided by this policy and that are consistent w ith the approved rat in g plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds t hat the exposure to potent ial losses will threaten our so lvency or place us in a hazardous condition. A hazardous condition includes , but is not limited to, a condit ion in wh ich we make claim s payments for losses resu lt in g from an earthquake that occurred within the preceding two years and that requ ired a reduction in po li cyholder surp lu s of at least 25% for payment of those c la im s; or (3) We have : (a) Lost or experienced a substantial reduction in the ava ilability or scope of reinsurance coverage; or (b) Experienced a substantia l increase in the premium charged for reinsurance coverage of our res id entia l property in surance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitab le, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage so lely because the first Named Insured has cancel led or did not renew a po li cy, issued by the Ca liforni a Earthquake Authority, that included an earthquake po li cy premium surcharge. IL02701219 © Insurance Services Office, Inc., 2019 Page 3 of 4 d. We wi ll not refuse to renew such coverage solely because corrosive soil cond itions exist on the premises. This restriction (d.) app li es on ly if coverage is subj ect to one of the fol low in g, which exclude loss or damage caused by or resulting from corrosive so il cond itions : (1) Commerc ial Property Coverage Part - Causes Of Loss -Spec ial Form; or (2) Farm Coverage Part -Causes Of Loss Form -Farm Property, Paragraph D. Covered Causes Of Loss -Special. e. If a state of emergency under Ca li fornia Law is declared and the residential property is located in any Z IP Code within or adja cent to the fire per im eter, as determined by California Law , we may not nonrenew this po li cy for one year, beginning from the date the state of emergency is declared , solely because the dwe llin g or other structure is located in an area in which a wi ldfire has occurred . However, we may nonrenew: (1) If willfu l or grossly negligen t acts or omissions by the Named Insured , or hi s or her representatives, are discovered that mat eria lly increas e any of the risk s insured against; (2) If losses unrelated to the postdisaster loss condition of the property have occurred that wou ld co ll ectively render the risk ineligible for renewal ; or (3) If there are physical changes in the property in sured aga in st, beyond the catastrophe-damaged cond iti on of the structures and surface la ndscape, w hi ch res ul t in t he property becoming uninsurable . 3. We are not req uired to send notice of nonrenewa l in the fol lowing situat ions: a. If the transfer or renewal of a po licy, w ithout any changes in terms, cond it ions or rates, is between us and a member of our insurance group . b. If the po li cy has been exte nded for 90 days or less , provided that not ice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the f irs t Named Insured has agreed, in writing, with in 60 days of the term in at ion of the po li cy , to obta in that coverage. d. If the policy is for a period of no more t han 60 days and you are no t ifi ed at the t ime of iss uance that it will not be renewed. e. If the fi rst Named Insured requests a change in the terms or conditio ns or risks covered by the policy within 60 days of the end of the po li cy 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 renew the policy under c hanged terms or co ndition s or at an increased premium rate, when the in crease exceeds 25%. Pag e 4 of 4 © Insurance Services Office, Inc., 2019 IL 02 70 12 19 BEST CHOICE CONTRACTOR PROGRAM CNA Commercial General Liability Coverage Part Declarations Policy No. C6987613860 Named Insured: BRYCE HARPER Effective Date: 03-14 -2025 12:01 A.M. Standard Time 1. Limits of Insurance: General Aggregate Limit: $ 4,000,000 Products -Completed Operations Aggregate Limit: $ 4,000 ,000 Personal And Advertising Injury Limit $ 2,000 ,000 Each Occurrence Limit: $ 2 ,000 ,00 0 Damage To Premises Rented To You Limit: $ 100,000 Any one premises Medical Expense Limit: $ 5,000 Any one person 2. Location of All Premises You Own, Rent, or Occupy: 10250 BADGER CREEK LANE , WILTON, CA 95693 3 . Premium: Rate Cla ss ificat ion Code Premium Basis Pr/Co All Other LANDSCAPING GARDENING 97047 188.42 (p) INCL 13. 716 Advance Premium Pr/Co A ll Other INCL 2,584 Tota l Advance Premium 2 ,5 84 (p) payroll -per $1000 (a) area -per 1000 sq. ft. (e) each (u) units (c) total cost-per $1000 (s) gross sales -per $1000 (m) admissions -per 1000 CNA97913XX (4-2020) Page 1 of 2 Copyr ight CNA All Rights Reserved. -IN SURED- BEST CHOICE CONTRACTOR PROGRAM CNA Commercial General Liability Coverage Part Declarations 4. S urcharges, Taxes and Fees, if any, and the Total Amount Due: Name of Ta x, Fee or Surcharge Amount Policy Fee 175.00 Total Amount Due 2 ,759.00 Your premium includes the following amount for Certified Acts of Terrorism 5. Forms and endorsements attached to this Coverage Part at issuance: Please see Schedule of Applicable Forms CNA97913XX (4-2020) Page 2 of 2 Copyright CNA All Rights Rese rved. -INSURED- COMMERCIAL GENERAL LIABILITY CG00010413 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 th is 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 Insured . 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 . W e will pay those sums t hat t he insured becomes 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 insurance does not apply. We may , at our discretion, 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 Ill -Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments -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 "occurrence" or claim, knew that the "bodily injury" 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 continuation, 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 t he po li cy period, known to hav e occurred by any insured listed und er Paragraph 1. of Section II -Who Is An Insured or any "employee" author ized by you to give or receive notice of an "occurre nce " or claim, includ es any continuation , change or resumption of that "bodily injury" or "property damage" after 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 under Paragraph 1. of Section II -Who Is An Insured 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 insurer ; (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 occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". CG 00 01 0413 © Insurance Services Office , Inc ., 2012 Page 1 of 16 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 contract 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 subsequent to the execution of the contract or agreement. Solely for the purposes of li ab ilit y assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages becaus e 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 attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 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 under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages . This exclusion app li es even if the c laims against any insured al lege negligence or other wrongdoing in : (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influ ence of alcohol ; if the "occurrence" which ca us ed the "bodily injury" or "property damage", involved that which is described in Paragraph (1 ), (2) or (3) above. However , this exclusion applies only if you are in the business of manufacturing, distributing, selling , serving or furnishing alcoholic beverages . For the purposes of this exclusion , permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activ ity, is not by itself considered the business of selling , serving or furnishing alcoholi c beverages . d. Workers' Compensation And S imilar Laws Any ob li gation of the insured under a workers ' compensat ion , disability benefits or unemployment 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 liabl e 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 the injury . This exclusion does not apply to liability assumed by the insured under an "insured contract". Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 0413 f. Pollution (1) "Bodily inj ury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersa l , 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 app ly to: (i) "Bodi ly injury" if sustained w ithin a bu il din g and caused by smoke , fumes, vapor or soot produced by or originating from equ ipment that is used to heat, coo l or dehumidify the buildi ng, or equipment that is used to heat water for persona l use, by the building's occupants or their guests; (ii) "Bod ily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lesse e of such premises, site or locat ion has been added to your po li cy as an add it iona l insured with respect to your ongo in g operations performed for that add itiona l insured at that premises , site or location and such premises, site or locat ion is not and never was owned or occupied by, or rented or loaned to, any insured, other than that add iti ona l insured; or (iii) "Bodi ly injury" or "property damage" aris in g out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or locat ion which is or was at any t im e used by or for any insu red or others for the handling , storage, disposal , processing or treatment of waste ; (c) Which are or were at any time transported, handled, stored, treated , disposed of , or processed as waste by or for: (i) Any insured; or (ii) Any person or organ izat ion for whom you may be legal ly respons ibl e; or (d) At or from any premises, site or lo cat io n on wh ich any in sured or any contractors or subco ntractors working directly or indirectly on any insured's beha lf are perform in g operat ions if the "pollutants" are brought on or to the prem ises, site or locat ion in connection w ith such operat ions by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubri cants or other operat in g fluids which are needed to perfo rm the normal electr ica l, hydraulic or mechanical fu nctio ns necessary for the operat ion of "mobile equ ipment" or its parts, if such fuels, lu bricants or other operating f luids escape from a vehic le part designed to hold , store or receive them. This exception does not app ly if t he "b odily inju ry" or "property damage" arises out of the intentional discharge, d ispersa l or re lease of the fuels , lubricants or other operat ing f lui ds , or if such fue ls, lubricants or ot her op eratin g flu ids are brought on or to th e prem is es, site or lo cat ion with the intent that t hey be discharged, dispersed or re leased as part of the operat ions being performed by such in sured , contractor or subcontractor; (ii) "Bodi ly inj ury" or "property damage" sustained w ithin a building and caused by the re lease of gases, fumes or vapors from materials brought in to t hat build in g in con nection with operations being performed by yo u or on your behalf by a contractor or subcontractor; or (iii) "Bodi ly injury" or "property damage" arising out of heat , smoke or fumes from a "ho sti le fire". (e) At or from any premises, site or location on wh ich any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor , clean up, remove, conta in , treat, deto x ify or neutralize, or in any way respond to, or assess the effects of, "pollutants". CG00010413 © In su ranc e Serv ices Office, Inc ., 2012 Page 3 of 16 (2) Any lo ss, cos t or ex pense arising out of any : (a) Request, demand , ord er or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove , contain, treat, deto xify 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, deto xifying 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 governmental authority. g. Aircraft, Auto Or Watercraft "Bod ily injury" or "pro perty damage" ar ising out of t he own ershi p, maintenance, use or ent ru stm ent to oth ers of an y airc raft, "auto" or wate rcraft ow ned or op erated by or re nted 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 , employment , 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 entrustment to others of any aircraft, "auto" or watercraft 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 ne xt 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 contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodil y injur y" or "pro pe rt y damag e" arisin g out of: (a) Th e operation of machin ery or equipment that is attached to, or part of , a land vehicle that would qualify und er the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged ; or (b) The operation of any of the machinery or equipmentlisted in Paragraph f .(2) or f .(3) of the definition of "mobile equipment". h. Mob ile Equip men t "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 whil e in pra cti ce for , or whil e bein g prepa red for, any prea rra nged raci ng, speed, demo li t ion , or st un t in g act ivity. i. War "Bod ily injur y" or "propert y da mage", 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 government, sovereign or other authority using military personnel or other agents ; or (3) Insurrection, rebellion, revolution , usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Prope rt y "Property damage" to : (1) Property you own , rent, or occupy , including any costs or expenses incurred by you , or any other person, organi zation or entity, for repair, replacement , enhancement , restoration 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 ; Page 4 of 16 © Insurance Services Office, Inc ., 201 2 CG 00 01 0413 (4) Personal property in the care, custody or control of the insured ; (5) That part icu lar part of real property on wh ich you or any contractors or subcontractors work ing directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That part icular part of any property that must be restored, repa ired or rep laced because "your work" was incorrectly performed on it. Paragraphs (1 ), (3) and (4) of th is exclusion do not app ly to "property damage" (other than damage by fire) to prem ises, inc lud ing the conte nts of such prem ises, rented to you for a per iod of seven or fewer consecut ive days. A separate limit of insurance app lies to Damage To Premises Rented To You as described in Sect ion Ill -Lim its 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 exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" inc luded in the "products comp leted operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and inc luded in the "products comp leted operations hazard". This exclus ion does not app ly if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impa ired property" or property that has not been physica ll y inj ured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or fai lure 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 accidental 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 c laimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, reca ll , inspection, repair, replacement , adjustment, remova l 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 organizat ion 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 advertising injury". p. Electron ic Data Damages arising out of the los s of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electron ic data . However, this exclusion does not apply to l iabi lity for damages because of "bodi ly injury". 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 appl icat ions software, hard or floppy disks, CD ROMs, tapes, drives, ce ll s, data process ing devices or any other med ia which are used with electronica lly controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or ind irectly out of any action or om ission that violates or is all eged to vio late: (1) The Te lephone Consumer Protection Act (TCPA), including any amendment of or add it ion to such law; (2) The CAN-SPAM Act of 2003, inc luding any amendment of or addition to such law; (3) The Fa ir Credit Reporting Act (FCRA), and any amendment of or addition to such law , inc luding the Fair and Accurate Credit Transactions Act (FACT A); or CG 00 01 0413 © Insurance Services Office, Inc ., 2012 Page 5 of 16 (4) Any feder al, state or local stat ute, ordinance or regulation, other t han the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, t hat addresses, prohibits, or limits the printing , dissemination , disposal , collecting , recording , sending, t ransmitting , communicating or distribution of material or information . Exc lusions c. t hrough n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of t he owner. A separate limit of in surance app li es to th is coverage as described in Section Ill -Limits Of Insurance . COVERAGE B -PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We wi ll pay those sums that the in sured becomes legally obligated to pay as damages because of "persona l a nd advertising inju ry " to wh ich this insurance app li es . We will have t he right and duty to defend the insured aga in st any "suit" seek in g those damages . However , we wi ll have no duty to defend t he in sured aga inst any "su it" seeking damages for "personal and advertising injury" to wh ich th is insurance does not app ly. We may, at our discretion, investigate any offense and settle any claim or "suit" that may res ul t. But: (1) The amount we will pay for damages is li mited as described in Section Ill -Limit s Of Insurance; and (2) Our right and duty to defend end when we have us ed up the app li cab le limi t of in surance in the payment of judgments or sett lements under Coverages A or B or medical expenses unde r Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicit ly provided for under Supplementary Payments -Coverages A and B. b. Th is insurance applies to "personal and advertising injury" caused by an offense arising out of your business but on ly if the offense was committed in t he "coverage territory" during the policy period . 2. Exclusions This in surance does not app ly to : a. Knowing Violation Of Rights Of Another "P erso nal and advertising injury" caused by or at the direction of t he insured with the knowledge that the act wou ld violate the rights of another and would infli ct "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Person al and advertising injury" aris ing out of oral or written pub li cat ion , in any manner, of material, if done by or at t he direction of the in sured with knowledge of its falsity. c. Material Published Prior To Policy Period "P ersona l and advertising injury" aris ing out of oral or written publication, in any mann er , of material whose first publication took place before the beginn in g of the po li cy period . d. Criminal Acts "P erso nal and advertising injury" aris in g out of a cr imin a l act comm itted by or at the direction of t he insured. e. Contractual Liab il ity "Personal and advertising injury" for which the insured has assumed liabili ty in a contract or agreement. This exc lu sion doe s not app ly to liabili ty for damages t ha t t he in sured would have in the absence of the contract or agree ment. f. Breach Of Contract "P ersona l and advertising injury" arising out of a breach of contract, except an implie d contract to use another's advert ising id ea in your "advertisement". g. Quality Or Performance Of Goods -Failure To Conform To Statements "P ersona l and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advert ising injury" arising out of t he wrong description of t he price of goods, products or serv ices stated in your "advertisement". Page 6 of 16 © Insurance Serv ic es Office, Inc., 2012 CG00010413 i. Infringement Of Copyr ight, Patent, Trademark Or Trade Secret "Personal and advert ising injury" arising out of t he in fri ngement of copyr ight, patent, trademark, trade secret or other intel lectua l property rights . Under this exclusion , such other inte llectua l property rights do not include t he use of another's advert ising idea in your "advertisement". However , th is exc lusion does not apply to infri ngement, in your "advertisement", of copyr ight, trade dress or slogan . j. Insureds In Media And Internet Type Businesses "Persona l and advertis ing inj ury" committed by an insured whose bus iness is: (1) Advertis ing, broadcast ing, pub li shing or te lecasting; (2) Design in g or determining content of web sites for others; or (3) An Internet search , access , content or service provider . However, this exc lu sion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section . For the purposes of this exc lusion , the p lacing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advert ising , broadcasting, publishing or telecast ing . k. Electronic Chatrooms Or Bulletin Boards "Persona l and advertising inju ry" aris ing out of an electronic chatroom or bull etin board the insured hosts, owns , or over wh ich the insured exerc ises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertis ing injury" ar ising out of the unauthor ized use of another's name or product in your e-mail address , domain name or metatag , or any other sim ilar tactics to mislead another's potentia l customers . m. Pollution "Persona l and advert ising injury" arising out of the actual, al leged or threatened d ischarge, dispersa l , seepage , m igration , release or escape of "po ll utants" at any t ime . n. Pollution-related Any loss , cost or expense arising out of any : (1) Request , demand, order or statutory or regu latory requ irement that any insured or others test for , mon itor , clean up , remove, contain , treat , deto xify or neutralize , or in any way respond to, or assess the effects of, "pol lutants"; or (2) C laim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, remov ing, containing , treating, detoxifying or neutralizing , or in any way respond ing to, or assess ing the effects of, "po llutants". o. War "Personal and advertising injury", however caused, arising, directly or ind irectly , out of: (1) War, inc lud ing undec lared or civi l war; (2) Warlike action by a mil itary force, including action in hinder ing or defending against an actual or expected attack, by any government , sovereign or other authority using military personnel or other agents ; or (3) Insurrection, rebellion, revolution , usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising direct ly or indirectly out of any action or omission that violates or is alleged to violate : (1) The Te lephone Consumer Protection Act (TCPA), inc l uding any amendment of or add it ion to such law; (2) The CAN-SPAM Act of 2003, inc luding any amendment of or addition to such law ; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addit ion to such law , including the Fair and Accurate Credit Transact ions Act (FACTA); or (4) Any federal, state or loca l statute , ord inance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and t heir amendments and additions , t hat addresses, prohibits , or limits the printing, disseminat ion, disposal, co ll ecting, record ing, sending, transmitting, communicating or distribut ion of material or information . CG 00 01 0413 © Insurance Services Office , Inc., 2012 Page 7 of 16 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 "coverage territory" and during the policy period; (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 examination , 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 applicable limit of insurance . We will pay reasonable expenses for : (1) First aid administered at the time of an accident; (2) Necessary medical, surg ical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance , hospital , professional nursing and funeral services. 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 occupies. 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 workers' compensation or disability benefits law or a similar law . e. Athletics Activities To a person injured while pract ic ing , instru ct in g or participating in any physical exercises or games, sports, or ath letic contests. f. Products-Completed Operations Hazard Included within the "products-completed operations hazard". g. Coverage A Exclusions Exc luded under Coverage A. SUPPLEMENTARY PAYMENTS-COVERAGES A ANDB 1. We will pay, with respect to any claim we investigate 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 app li cable limit of insuran ce. We do not hav e to furni sh these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actua l loss of earn in gs 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 int erest 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 interest based on that period of time after the offer. Page 8 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 0413 g . All in terest on th e full amount of any judgm ent that accrues after entry of the judgment and before we hav e paid , offered to pay, or depos ited in court the part of the judgment that is wit hin the app li cable lim it of insurance . These payments wil l not reduce the l im its of insurance . 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "su it ", we w ill defend that indemn itee if all of the fol low ing conditions are met: a. The "su it" aga inst the indemn itee seeks damages for which the insured has assumed t he li ab il ity of t he indemnitee in a contract or agree me nt t hat is a n "in sured contract "; b. This insu rance app lies to such liabi lity assumed by the insured ; c. The obligat ion to defend, or the cost of the defense of , that indemnitee , has also been assumed by the insured in the same "insured contract"; d. Th e allegation s in t he "sui t " and t he inform at ion we know about t he "occu rre nce " are suc h t hat no co nfli ct ap pears to exist betwee n t he in te rests of t he in s ure d and t he in terests of t he inde mni tee; e. Th e indemnitee and t he insured ask us to conduct and control the defense of t hat indemn itee 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 wr iting to: (a) Cooperate with us in the invest igat ion , settlement or defe nse of the "sui t"; (b) Im mediate ly send us cop ies of any dema nds, notices , summonses or lega l papers received in co nnect ion with the "su it"; (c) Notify any other insurer whos e coverage is ava il ab le to the inde mnitee ; and ( d) Cooperate with us with respect to coord inating other app licable insuranc e availab le to the indemnitee ; and (2) Prov ides us wit h wr itten authorizat ion to : (a) Obta in records and other informat ion re lated to the "suit"; and (b) Conduct and control the defense of th e indemn itee in such "suit". So long as th e above c ondition s are met, attorneys ' fees in curred by us in the def ense of that indemnitee, necessary litigat ion ex pe ns es incurred by us and necessary lit igat ion expenses incurred by the indemn itee at our request wi ll be paid as Supp lementary Payments . Notwithstanding the prov isions of Parag raph 2.b.(2) of Section I -Coverage A -Bodi ly Injury And Property Damag e Liabi lity, such payments will not be deemed to be damages for "bodi ly inj ury" and "property damage" and wi ll not reduce th e limits of insurance. Ou r ob ligation to defend an insured's indemnite e and to pay for attorneys' fees and necessary litigat ion expe nses as Supp leme ntary Payments ends w hen we have used up t he applicab le limit of insurance in the payment of judgments or settlements -or the condition s set forth abov e, or the terms of the agreement des c ribed in Paragraph f. above, are no longer me t. SECTION II -WHO IS AN INSURED 1. If you are de signated in t he Declaration s as: a. A n in divi dua l , you and your spo use are ins ureds, but onl y wit h respect to t he co nduct of a bus in ess of w hi ch you are t he so le owner . b. A partnersh ip or j oint ve nt ure , you are an in sured. You r members, yo ur part ners, and the ir spous es are al so insureds , but only wi t h respect to the conduct of your bus iness . c. A limited liab ility company, you are an insured . Your members are also insureds , but only with respect to th e conduct of you r busin es s. You r managers are insureds, but on ly w ith respect to their duties as your managers. d . An organizat ion ot her than a partnership, j oint venture or li m ited li abi lity company, you are an in sured . Your "exec utive officers " and directors are insureds, but on ly with respect to their duties as your officers or directors . Your stock holders are a lso insureds , but on ly with respect to their liab ility as stockho lders. e . A trust, you are an insured. Your trustees are also insureds, but on ly with respect to the ir duties as trustees . CG 00 01 0413 © Insurance Services Office, Inc ., 201 2 Page 9 of 16 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 "employees" 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 liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your busines s, or to your oth er "volunt ee r work ers" whil e performin g dut ies re lated to t he con du ct of yo ur b usin ess ; (b) To t he spouse, ch il d, parent, brot her or sister of t hat co-"e mp loyee" or "voluntee r worker" as a c ons equ ence of Paragraph (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 Paragraph (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 control 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 member (if you are a limited liability company). b . Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or org ani zati on having prop er temporary custody of your property if you di e, bu t only: (1) With respect to liability arising out of th e maintenanc e or use of that property ; a nd (2) Until your legal representa t ive has been appointed . d. Your legal representative if you die , but only with respect to duties as such. That representative 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 Insured if there is no other similar insurance available to t hat organi zation. 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 . Cove rag e A do es not apply to "bo dil y inju ry" or "p rope rt y da mage " t hat occ urred be fore you acq ui red or formed t he orga ni zat ion; and c. Co verage B does not app ly to "persona l and advert ising inj ury " a ri sin g out of an offe nse committed befo re you acqui re d or for med t he organi zation . No person or organi zation is an insured with respect to the conduct of any current or past partnership , joint venture or limited liability company tha t is not shown as a Named Insured in the Declarations . SECTION Ill -LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fi x the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought ; or c. Persons or organi zations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a . Medical ex penses under Coverage C ; b. Damages under Coverage A , except damage s because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. Page 10 of 16 © Insurance Services Office, Inc., 201 2 CG 00 01 0413 3. The Products-Comp leted Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" includ ed in the "products-completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained 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 damage" 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, whi le rented to you or temporarily occup ied by you with permission of the owner . 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage 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 obligations 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 "occurrenc e" or an offense which may result in a claim. To the extent possible, notice should include : (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any inju red persons and witnesses ; and (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 aga in st any ins ured, you must: (1) Immediately record the spec ifics of the c laim or "suit" and the date received ; and (2) Notify us as soon as pract icab le. You must see to it that we receive written notice of the c laim or "suit" as soon as practicab le. c. You and any other involv ed insured must: (1) Immediately send us copies of any demands, notice s, summonses or legal papers rec eived in con nection with the claim or "suit"; (2) A ut hori ze us to obtain records and other information ; (3) Cooperate with us in the invest ig at ion or settlement of the claim or defense against the "su it"; and (4) Assist us, upon our request, in the e nforcem ent of any right against any person or organization which may be liabl e to the insured because of injury or damage to which this insurance may also apply . d. No insured wi ll , 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 co nsent. 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 judgm ent against an insured; but we will not be liabl e for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us , the insured and the claimant or the claimant's legal representative. CG 00 01 0413 © Insurance Services Office, Inc ., 2012 Page 11 of 16 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows : a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary . Then, we will share with all that other insurance by the method described in Paragraph c. below . b. Excesslnsurance (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 occupied by you w ith perm ission of the owner ; (iii) That is in surance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A -Bodily Injury And Property Damage Liability . (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured . (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 defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers . (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the lo ss, 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 insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described 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 contributes equal amounts until it has paid its app li cab le limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contr ibu tion by equal shares, we wi ll 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 Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance 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 computation, 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 accurate and complete; Page12of16 © Insurance Services Office, Inc ., 2012 CG 00 01 0413 b. Those statements are based upon representations you made to us ; and c. We have issued this po li cy 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 insurance 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 insured 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 W e 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 expiration 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 market segments about your goods, products or services 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 services for the purposes of attracting customers or supporters is • considered an advertisement. 2. "Auto" means : a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insuran ce law where it is licensed or principally garaged. However, "auto" does not include "mobile equ ipm ent". 3. "Bodily injury" means bodily injury, s ickness or disease sustained by a person, including death resu lting 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 in c lud ed in Paragraph a. above; or c. All other parts of the world if the injury or damage 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 bus in ess; or (3) "Personal and advertising injury" offense s that take place through the Internet or similar electronic means of communication ; provided the insured's respons ibili ty to pay damages 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" includ es a "leased worker". "Employee" does not include a "temporary worker". 6 . "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable 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, deficient, 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 repair, replacement, adjustment or remova l of "your product" or "your work" or your fulfilling the terms of the contract or agreement. CG 00 01 0413 © Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contra ct" means: a. A contract for a lease of premises . However, that portion of the contract for a leas e of premises that indemnifies any person or organization for damage by fire to premise s 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 operations 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 indemnification 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 da mage" to a t hird pers on or orga ni za ti on . T ort li ability mea ns a li ab ili ty t hat wo ul d be im posed by law in t he abse nce of any co ntract or agree ment. Paragraph f. does not in c lud e t hat part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction 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 prepare or approve, maps, shop drawings , opinions , reports, surveys, field orders, change orders or drawings and specifications; 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 insured's rendering or failure to render professional services , including those listed in (2) above and supervisory , inspection , architectural or engineering activities . 10. "Lease d work e r" m ea ns a perso n lease d to you by a labor leasing firm under an agreement between yo u and th e labor leasing firm, to perform duti es related to th e conduct of your business. "Lea se d work er" does not include a "temporary worker". 11. "Loading or unloading" mean s 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. Whil e it is in or on an aircraft , watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered ; 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 attached to the aircraft, watercraft or "auto". 12 . "Mobile equipment" means any of the following t ypes of land vehicl es, in cluding any atta ched mac hin ery or equipm ent: a . Bulld ozers, farm mach inery, fork li fts and ot her ve hi c les des igned for use princ ipa ll y off pub li c roads; b . Veh icles mainta in ed for use so lely on or next to premises you own or rent ; c . Vehicles that trav el on crawler treads ; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanen t ly 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 permanently attached equipment of the following types : (1) Air compressors , pumps and generators , including spraying , welding , building cleaning , 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 purpos es other than the transportation of persons or cargo. Page 14 of 16 © Insurance Services Office, Inc., 201 2 CG00010413 However, self-propelled vehicles with the following types of permanently attached equ ipment are not "mobile equipment" but will be cons idered "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, we ldin g, building clean in g, 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 vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compu lsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including continuous 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 evict ion from, wrongful entry into , or invasion of the right of private occupancy of a room, dwelling or prem ises that a person occupies, 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 organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of mater ial that vio lates a person's right of privacy; f. The use of another's advert isin g id ea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 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 damage" occurr in g away from prem ises you own or rent and ar ising out of "your product " or "your work" except: (1) Products that are still in your physical possession ; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been comp leted. (b) When all of the work to be done at th e job site has been comp leted if your contract 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 comp lete, 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 un loading" of that veh icle by any insured; (2) The existence of too ls, un in sta ll ed equipment or abandoned or unused materials; or (3) Products or operations for which the classification, 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 , in cluding all resulting loss of use of that property. All such lo ss of use sha ll be deemed to occur at the time of the physica l 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 "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property . CG00010413 © Insurance Services Office, Inc ., 2012 Page 15 of 16 As used in this defin ition , electronic data means information, facts or programs stored as or on, created or used on , or transmitted to or from comp uter software, includ in g systems and app licat ions software, hard or f loppy disks , CD ROMs , tapes, drives, ce ll s, data process ing dev ices or any other media which are used with e lectronica ll y contro ll ed equipment. 18."Su it" means a civil proceed ing in which damages because of "bodily inj ury", "property damage" or "persona l and advert ising injury" to wh ich th is insurance applies are alleged . "Su it" includes : a. An arb itrat ion proceed ing in whic h such damages are c lai med and to wh ich t he insured must su bmi t or does subm it w it h o ur co nse nt; or b. A ny other alternat ive dispute reso lution proceed ing in wh ic h such damages are c laimed and to wh ich t he insured subm its w ith our consent. 19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short te rm workload conditions . 20. "Volunteer worker" means a person who is not your "e mploye e", and who donates hi s or her work and acts at the direction of and within t he scope of duties determined by you, and is not pa id a fee , sa lary or other compensat ion by you or anyone else for their work performed for you. 21. "Your product": a. Means: (1) A ny goods or products, ot her t han rea l property, manufactured, sold, hand led , distributed or disposed of by: (a) You ; (b) Ot hers trading under your name; or (c) A person or orga ni zat ion whose business or assets you have acqu ired ; and (2) Contai ners (other than veh ic les), mate rials, parts or equipment furn ished in connect ion w ith such goods or products. b. Includes: (1) Warranties or representations made at any t ime with respect to the fitness, qual ity, durab ili ty, performance or use of "your product"; and (2) T he provid ing of or fai lure to prov ide warnings or instruct ions . c. Does not include vending machines or other property rented to or located for the use of others but not so ld. 22. "Your work": a. Means: (1) W ork or operations performed by you or on yo ur be half; and (2) Mater ials, parts or equ ipment f urnished in connection with such work or operations . b . Includes : (1) Warranties or representat ions made at any time with respect to the fitness, qua li ty , durabi lity, performance or use of "your work"; and (2) The providing of or fa ilure to provide warn ing s or instructions. Page 16 of 16 © Insurance Services Office , Inc., 2012 CG000 10413 PO LI CY NUMBER: C6987613860 COMMERCIAL GENERAL LIABILITY CG 03 00 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorseme nt modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Coverage Bodily Injury Liability OR Property Damage Liability OR Bodi ly Injury Liability and/or Property Damage Li ab ili ty Comb in ed SCHEDULE Amount and Bas is of Deductible PER CLAIM or PER OCCURRENCE $ $ $ $ $ 2,500 $ (If no entry appears above, informat ion requ ired to comp lete th is endorsement will be shown in the Declarat ions as app li cab le to th is endo rsement.) APPLICATION OF ENDORSEMENT (Enter below any limi tat ions on the app li cation of this endorseme nt. If no limitation is entered , the deductib les apply to damages for all "bodil y injury" and "property damag e", however caused): A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay dam ages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages . B. You may select a deductible amount on either a per claim or a per "occurrence" basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sche dule above . The deductible amount stated in the Schedule above applies as follows : 1. PER CLAIM BASIS. If t he deductible amount indicated in the Schedule above is on a per claim basis , that deductible applies as follows: a. Under Bodily Injury Liability Coverage , to all damages sustained by any one person be cause of "bodily injury"; b. Under Property Damage Liability Coverage, to all damages sustained by any one person because of "property damage"; or c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined , to all damages sustained by any one person be cause of: (1) "Bodily injury"; (2) "Property damage"; or (3) "Bodily injury" and "property damage" combined as the result of any one "occ urrence". If damages are claimed for care, loss of servic es or death resulting at any time from "bodily in jury", a separate deductible amount will be ap plied to each person making a claim for such damages . With respect to "property damage", person in cludes an organization . CG 03 00 01 96 Copyright , Insuran ce Servic es Office , Inc ., 1994 Page 1 of 2 □ 2. PER OCC URRENCE BASIS. If th e dedu ctibl e amount indicated in the Schedul e above is on a "per occurrence" basis , that deductible amount applies as follows : a. Under Bodily Injury Liability Coverage , to all damages because of "bodily injury"; b. Under Property Damage Liability Coverage, to al l damages because of "property dam age"; or c. Under Bodi ly Injury Liability and/or Property Damage Liability Coverage Combined , to all damages because of: (1) "Bodily injury"; (2) "Property damage"; or (3) "Bodily injury" and "property damage" combined as the result of any one "occurrence", regard less of the number of persons or organ izations who sustain damages because of that "occur rence". C. The term s of th is in sura nc e, in cluding tho se wit h respect to : 1. Our right and duty to defend the insured against any "suits" seeking those damages ; and 2 . Your dut ies in the event of an "occurrence", c laim, or "suit" app ly irrespective of the application of the deducti ble amount. D. We may pay any part or al l of the deductib le amount to effect settlement of any c laim or "suit" and , upon notification of the action taken , you shal l promptly reimburse us for such part of the deduct i ble amount as has been paid by us . Page 2 of 2 Copyright, Insurance Services Office, Inc., 1994 CG 03 00 01 96 □ COMMERCIAL GENERAL LIABILITY CG 21060514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY -WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I -Coverage A - Bod ily Injury And Property Damage Liability is replaced by the following : 2. Exclusions This insurance does not app ly to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) Any access to or disc losure of any person's or organization's confident ial or personal info rmation, including patents , trade secrets , processing methods , customer lists , financial information , credit card information , health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses , forensic expenses, public relations expenses or any other loss , cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclus ion, electroni c 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 -R OMs , tapes, drives, cells, data processing devices or any other med ia which are used with electronically contro ll ed equ ipm ent. B. T he following is added to Paragraph 2. Exclusions of Section I -Coverage B - Personal And Advertising Injury Liability: 2. Exclusions This insuran ce does not apply to : Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information . This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses , public relations expenses or any other loss , cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information . CG 21 06 05 14 © Insurance Services Office, Inc ., 2013 Page 1 of 1 POLICY NU MBER: C6987613860 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -DESIGNATED WORK This e ndorsement modifies insuran ce provided under the fo ll owing: COMMERCIAL GENERAL LIABILIT Y COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILIT Y COVERAGE PART SCHEDULE Descr iption of your work : CONSTRUCTION MANAGEMENT FOR A FEE CONSTRUCTION OF NEW HOMES AS A GENERAL CONTRACTOR OR DEVELOPER NEW CONSTRUCTION OF A DWE LL I NG AND WORK WITHIN, OR ON , THE PREMISES OF A DWEL L ING PRIOR TO THE CERTIFICATE OF OCCUPANCY OF THE OWNER, REGARDLESS OF WHETHER THE DWELLING IS A CUSTOM HOME OR THE DWELLING IS BUILT AS PART OF A TRACT OR A MULT I -DWELLING DEVELOP MENT (If no entry appears above , information required to comp lete this endorsement wi ll be shown in the Declarat ions as app licab le to th is endorsement.) This insurance does not app ly to "bodi ly inj ury" or "property damage" included in the "products -completed opera tions ha zard" and arising out of "your work" shown in the Schedule . CG 213401 87 Copyright, Insurance Servic es Office , Inc ., 1986 Page 1 of 1 □ PO LI CY NU MBER: C6987613860 COMMERCIAL GENERAL LIABILITY CG 21 53 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . EXCLUSION -DESIGNATED ONGOING OPERATIONS This endorsement modifies insurance provided under th e following: COMMER CIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Descr iption of Des ignated Ongo ing Operat ion (s): CONSTRUCTION MANAGEMENT FOR A FEE CONSTRUCTI ON OF NEW HOMES AS A GENERAL CONTRACTOR OR DEVELO P ER NEW CONSTRUCTION OF A DWELLING AND WORK WITHIN, OR ON, THE PREMISES OF A DWELLING PRIOR TO THE CERT I FICATE OF OCCUPANCY OF THE OWNER, REGARDLESS OF WHETHER THE DWELLING IS A CUSTOM HOME OR THE DWELLING IS BUILT AS PART OF A TRACT OR A MULT I -DWELLING DEVELOP MENT Spec ified Location (If Appl icab le): (If no entry appears above , information require d to com plete thi s endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I -Cover ages): This insurance does not apply to "bodily injury" or "prop erty damage" arising out of t he ongoing opera tions described in the Schedul e of this endorsement , regardless of whether such operations are condu cted by you or on your behalf or whether the operations are conducted for yourself or for oth ers . Unless a "location" is specified in the Schedule , this exclusion applies regardless of where such operations are conducted by you or on your behalf. If a specific "location" is designated in the Schedule of this en dorsement , this exclusion applies only to the de scribed ongoing op eration s conducte d at that "loca tion". For th e purpose of thi s endorsement , "location" means premises involving the same or connecting lots , or premises whose connection is interrupted only by a street , ro adw ay , waterway or right-of-way of a ra ilro ad. CG 21 53 01 96 Copyright , In suran ce Servic es Offic e, In c., 1994 Page 1 of 1 □ POLI CY NUM BER : C6987613860 COMMERCIAL GENERAL LIABILITY CG21541219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -DESIGNATED OPERATIONS COVERED BY A CONTROLLED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insuran ce provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location(s) Of Operation(s): ALL OPERA TIONS AT LOC AT IONS AT W HICH THE IN SURED WAS AT ANY TIME COVERED UNDER A W RAP-UP PROGRAM ; AND OPERAT IONS AT AN Y LOCAT ION FOR OR RELATED TO THE INSURED'S WORK UNDER A WRAP-UP PROGRAM . Information required to complete this Schedule , if not shown above, will be shown in the Declarations. A. The fo ll owing exclusion is added to Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not app ly to "bodi ly injury" or "property damage": 1. Arising out of your ongoing operations; or 2. Included in the "products-completed operat ions hazard"; at the location(s) described in the Schedule of this endorsement, but only if you are enrol led in a "contro lled (wrap-up) insurance program" with respect to the "bodily injury" or "property damage" descr ibed in Paragraphs A.1. and A.2. above at such location(s). This exclus ion applies whether or not the "contro ll ed (wrap-up) insurance program": a. Prov ides coverage identica l to that provided by th is Coverage Part; b. Has limits adequate to cover all claims ; or c. Rema in s in effect. B. The fo ll owing definition is added to the Definitions section : "Controlled (wrap-up) insurance program" means a centra li zed in surance program under which one party has secured either in surance or se lf insurance covering some or all of the contractors or subcontractors performing work on one or more specific project(s). CG 21541219 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 22 43 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 , . arch itect or surveyor who is either employed by you or performing work on yo ur behalf in suc h capacity . Profess ional services include : 1. The prepar in g, approv in g, or fai ling 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 professiona l serv ice s by you or any engineer , architect or surveyor who is either emp loyed by you or perform in g work on your be half in such capacity. CG 22 43 0413 © Insurance Services Office, Inc ., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 22 79 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under th e 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: 1. 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 on your behalf, but only with respect to either or both of the following operations : a. Providing eng ineering, arch it ectura l or surveying services to others in your capacity as an eng in eer, architect or surveyor; and b. Providing, or hiring ind ependent professionals to provide , engineering , architectural or surveying services in connection with construction work you perform . This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in t he 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 on your behalf with respect to the operations described above . 2. Subject to Paragraph 3. below , professional services include : a. Preparing, approving, or failing to prepare or approve, maps, shop drawings , opinions , reports, surveys, field orders , change orders , or drawings and specifications; and b. Supervisory or inspection activities performed as part of any re lated architectural or engineering activ it ies . 3. Professional services do not include services within construction means, methods, techn iqu es, seq uences and procedures emp loyed by you in connect ion with your operat ions in your capacity as a construction co ntractor . CG 22 79 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 32 34 01 05 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRON IC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The term "spouse" is replaced by the following: Spouse or reg is tered domestic partner under Califor nia law. CG 32 34 01 05 © ISO Properties , Inc., 2004 Page 1 of 1 CNA BEST CHOICE CONTRACTOR PROGRAM Changes in Commercial General Liability This endorseme nt modifies in surance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: A. SECTION I -COVERAGES, COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended to add the following to paragraph 2. Exclusions: This insurance does not apply to: 1. Professional Services "Bodily injury" or "property damage" ar ising out of the rendering of or failure to render any professional serv ice . 2. Athletic or Sports Participants "Bodily injury" or "property damage" incu rred by any person while practicing, instructing or participating in any physical exercises, games, sports or athletic contests or exhibitions . B. SECTION I -COVERAGES, COVERAGE B -PERSONAL AND ADVERTISING INJURY LIABILITY are amended to add the following to paragraph 2. Exclusions: This insurance does not apply to : 1. Professional Services "Personal and advertising injury" arising out of the rendering of or failure to render any professional serv ice. 2. Athletic or Sports Participants "Personal and advertising injury" incurred by any person while practicing , instructing or participating in any physical exercises, games, sports or ath letic contests or exhib ition s. 3. Injury to Employees "Personal and advertising injury" to an "employee" of the insured , ar ising out of and in the course of emp loym ent by the insured. C. SECTION I -COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B -PERSONAL AND ADVERTISING INJURY LIABILITY are amended to add the following to paragraph 2. Exclusions: 1. Cross Suits Any claim brought by a Named Insured against any other Named Insured . 2. Enumerated Substances a. Any injury or damage arising in whole or in part out of the actual , alleged, or threatened exposure to or presence of the following in any form , or out of any substance, material or property that contains any of t he following in any form : (1) Sulfates; (2) Chromated copper arsenate; (3) Fire retardant treated wood . b. Any loss , cost or expense arising out of or related to the testing of, monitoring, cleaning up, removing, containing, treating , detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of , any material li sted in a. above, or arising out of any request, order , or requirement to do so . D. SECTION Ill -LIMITS OF INSURANCE is amended to add the following to paragraph 5.: CNA97539XX (4-2020) Page 1 of 2 Insured Name : BRYCE HARPER Copyright CNA All Rights Reserved. Policy No: C6987613860 Endorsement No: Effective Date : 03/14/2025 CNA BEST CHO ICE CONTRACTOR PROGRAM Changes in Commerc ial General Liabi lity The Each Occurrence Limit is the most we wil l pay regardless of the number of po licies which may apply to the same "occurrence", and which were issued to an insured or its affiliates by us or our affi liates. E. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to de lete the condit ion entitled Separation of Insureds and rep lace it with the fo ll owing: Separation of Insureds Except with respect to the Lim its of Insurance, th is insurance app lies separately to each insured against whom claim is made or "suit" is brought. Provided , however, that this insurance does not app ly to c laims made by any Named Insured against any other Named Insured . All other terms a nd cond itions of t he Po li cy rema in unchanged . This endorsement, which forms a part of and is for attachment to the Po li cy issued by the designated Insurers, takes effect on the effect ive date of said Po licy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA97539XX (4-2020) Page 2 of 2 Insured Name: BRY CE HAR PER Copyright CNA All Rights Reserved. Po li cy No: C 6987 6138 60 Endorsement No: Effect ive Date: 03/14/2 0 2 5 CNA BEST CHOICE CONTRACTOR PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: Exclusion -Earth Movement A. SECTION I -COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B -PERSONAL AND ADVERTISING INJURY LIABILITY are amended to add the following to paragraph 2. Exclusions: This insurance does not app ly to : • Earth Movement "Bodily injury", "property damage" or "personal and advertising injury" arising in whole or in part out of "earth movement". B. Only with respect to the Earth Movement exclusion added by paragraph A. above , the Section entitled DEFINITIONS is amended to add the following definition: • "Earth movement" means : 1. Earthquake (whether naturally occurring or man-made), including tremors and aftershocks and any earth sinking , rising or shifting related to such event; 2. Landslide (whether naturally occurring or man-made), including any earth sinking, rising or shifting related to such event; 3. Mine subs id ence, meaning subsidence of a man-made mine whether or not mining act ivi ty has ceased; or 4. Earth sin king, rising , or shift ing (whether naturally occurr in g or man-made), in c ludin g so il cond ition s which cause settl in g , cracking, or other disarrangement of foundations or other parts of realty. Soi l conditions include contraction, expans ion , freezing , thawing, erosion, improperly compacted soil and the action of water under the ground surface . All other terms and conditions of the Policy remain unchanged . This endorsement , which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effect ive date of said Po licy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA97544XX (4-2020) Page 1 of 1 Insured Name: BRYCE HARPER Policy No : C69876 1 3860 Endorsement No: Effective Date: o 3 / 14 / 2 o 2 s Copyright CNA All Rights Reserved . Includes copyrighted material of In surance Services Office, In c. used wi th permis sion. CNA BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured -Owners, Lessees or Contractors This endorsement modifies in sura nce provided under the fo llo wing: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number : C6987613B60 I Endorsement Effect ive : 03/14/2025 at 12:01 a.m . Na med In sured: BRYCE HARPER SCHEDULE Name of Additional Insured Person(s) (Specific) or Organization(s): (Blanket) Any person or organization that the Named Insured is obligated by virtue of a written contract or written agreement to make an additional insured on this Coverage Part, provided such contract or agreement: • Is currently in effect or becomes effective during the policy period; and and • Was executed prior to: a. the bodily injury, or property damage; or b. the offense that caused the personal and advertising injury; for which the additional insured seeks covera~e. Location(s) of Covered Operations: Any location in the "coverage territory" that is subject and to the contract or agreement specified above. A. Section II -Who Is An Insured is amended to include as an insured t he person or organization shown in t he Schedu le, but on ly to t he extent that the person or organization shown in th e Schedule is held liab le for your acts or omissions aris in g out of your ongo in g operations performed for that insured . B. With res pect to the insurance afforded to these additional insureds, t he following additi onal exc lusion s apply: This in suran ce does not apply to bodily injury or property damage occurring after: 1. A ll work, inc luding materia ls, parts or equ ipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations ha s been completed; or 2. That portion of your work out of which the inju ry or damage arises ha s been put to its intended use by any pers on or organi za tion other than another contractor or subcontractor engaged in performing operation s for a princ ipa l as part of the same proj ect. C. With respect to th e in sura nce afforded to these additional insureds, th is in surance also does not apply to bodily injury, property damage or personal and advertising injury arising out of the ren der ing of, or the fa ilure to render, any professional architectural , engineering or surveying serv ices, including : 1. The preparing, approving , or failing to prepare or approve , maps , shop drawings, opin ions, reports, surveys, fie ld orders , change orders or drawings and specifications; or 2. Supervisory, inspe ct ion , architectural or eng in eering activities. D. Primary and Noncontributory Insurance If so required by a written contract or written agreement, t hi s in surance wil l be primary to, and will not seek contribution from, other insurance under wh ich the addit ional insured is a named insured . But in all oth er instances, and notwithstanding anything to the contrary in the condition entit led Other Insurance, this ins uran ce will be excess of any other i nsuranc e avai lab le to the add itional in sured . CNA97587XX (3-2022) Policy No: C6 9 s 7 613 s 6 o Page 1 of 2 Endorse ment No : Effectiv e Date : 03/14/2025 Insured Name: BRYCE HARPER Copyright CNA All Rights Reserved. Includes copyrigh ted materia l of Insurance Services Office , In c. used with permission . CNA BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured -Owners, Lessees or Contractors E. Sole ly with respect to the insurance granted by this endorsement , the section e ntitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following to the co nd it ion ent itled Duties In The Event of Occurrence, Offense, Claim or Suit: Any additional in sured pursuant to this Coverag e Part will , as soon as possible : 1. Give us written notice of any c laim, or of any occurrence or offense that may result in a claim ; 2. Send us copies of all legal papers received and otherwise cooperate with us in the investigation, defens e or settlement of the claim ; and 3. Make ava il ab le any other insurance and tender the defense and indemnity of any claim to any other insurer or se lf-insurer whose policy or program applies to a loss that we cover under this Coverage Part . Howev er, if the written contract requires this insurance to be primary and non -contributory, this paragraph 3. does not app ly to insurance on which the additional insured is a named insured . F. So lely with respect to the insurance granted by this endors ement: 1. The words "you" and "your" refer to the Named Insured shown in the Declarations . 2. Your work means work or operations performed by you or on your behalf , and materials parts or equipment furnished in connection w ith such work or operations . G. Blanket Waiver of Subrogation We waive any right of recovery we may hav e aga in st a n entity t ha t is an add itio nal insured under the terms of this endo rsement w ith respect to payments we make for injury or damage aris in g out of your work done under a written contract or wr itten agreement w ith that person or organ ization , provided such contract or agreement: 1. Requ ires such a waiver of our righ ts; 2. Is currently in effect or becomes effective during the policy period; and 3. Was executed prior the bodily injury, property damage or personal and advertising injury that gave rise to the claim . A ll other terms and conditions of t he Policy remain unchanged . This endorsement, which forms a part of and is for attachment to the Policy issu ed by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy , unless another effective date is shown below, and expires concurrently with said Policy . CNA97587 XX (3 -2 022) Page 2 of 2 Insured Name: BRYCE HARPER Po licy No : C69876 1 3860 Endorsement No : Effective Date : 03/14/2025 Copyright CNA All Rights Reserved . Includes copyrig hted materi a l of Insurance Services Offi ce, In c. used with pe rmi ssio n. CNA BEST CHOICE CONTRACTOR PROGRAM Representations This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to delete the condition entitled Representations, and replace it with the following: Representations By accepting this policy, you agree that: a. The particulars, statements and warranties in all "applications" for this insuran ce are true , accurate and complete , and that no material facts have been suppressed or misstated ; b. The aforementioned particulars, statements and warranties are representations the Named Insured made to us on behalf of all of you ; c. We have issued this Policy in reliance upon those representations and they are the basis of this contract and a material inducement to issue this Policy; and d. All those representations are hereby incorporated he re in and deemed attached to and made part of this Policy as if physically attached to it. For the purpose of this Representations condition : • "Applications" means : a. a ll new , renewal or supp lemental applications; and b. a ll associated attachments, materials , statements or other inform at ion ; prov ided to us for t he purpose of obtaining the insurance provided by th is Po li cy, or by any po li cy issued by us or "our affiliates" of which this Pol icy is a renewal. • "Our affiliates" means any insure r contro lling , contro ll ed by , or under common control, with us. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy iss ued by the designated Insurers , takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy . CNA97660XX (4 -2 020) Page 1 of 1 Insured Name: BRYCE HARPER Copyright CNA All Rights Reserved. Policy No: C69876 13860 Endorsement No: Effective Date: 03/14/2025 CNA BEST CHOICE CONTRACTOR PROGRAM Exclusion -Bodily Injury To Employees -Absolute This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that paragraph 2. Exclusions of SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended to delete the exclusion entitled Employers Liability and replace it with the following: This insurance does not apply to : Employers Liability "Bodily injury" to : (1) An "employee" or "temporary worker" of any insured arising out of and in the course of: (a) Employment by any insured; or (b) Performing duties related to the conduct of an insured 's business ; or (2) The spouse , child, parent, brother or sister of that "employee" or "temporary worker" as a consequence of paragraph (1) above . This exclusion applies: (1) Whether an insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or rep ay someone else who must pay damages because of the injury. All other terms and condit ions of the Po li cy remain unchanged . This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy , unless another effective date is shown below, and expires concurrently with said Policy. CNA97663XX (4-2020) Page 1 of 1 Insured Name : BRYCE HARPER Policy No : C6987613860 Endorsement No: Effective Date: o 3 / 14 / 2 o 2 s Copyright CNA All Rights Rese rved. Includ es copyrighted material of Insurance Services Office , Inc . used with permission. CNA BEST CHOICE CONTRACTOR PROGRAM Exc lu s ion -Open Roof This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that SECTION I -COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B -PERSONAL AND ADVERTISING INJURY LIABILITY are amended to add the following to paragraph 2. Exclusions: This insurance does not apply to : • Weather-Related Loss From Roofing Work Any claim for damage to any building, structure or its contents that: (1) is caused by or results from, in whole or in part, wind, ice, hail, rain or snow or any combination of these; and (2) is alleged to have occurred while the roof or other precipitation barrier atop or above a building or structure was under construction , repair or replacement , and before such work was complete . Only for the purpose of this exclusion, and notwithsta nding anything to the contrary in the definition of "products-completed operations hazard", such work will be cons idered complete only after the building or structure's owner, construction manager or real estate manager has accepted the entirety of all roofing-related work as complete, including any portions of the work completed by others, and without regard to whether the insured's own portion of such work was already comp lete . All oth e r terms and condition s of the Po li cy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, un less another effect ive date is shown below, and expires concurrently with said Policy . CNA97671XX (4-2020) Page 1 of 1 Insured Name : BRYCE HAR PE R Copyright CNA All Rights Reserved . Policy No: C6 9876 138 6 0 Endorsement No : Effective Date: 03/14/20 25