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2020/09/30 LSA Associates, Inc. (3)ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Insurance Brokers, LLC 777 S. Figueroa Street, 52nd Fl. CA License #0F15767 Los Angeles CA 90017 (213) 689-0065 LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine CA 92614 LSAAS01 National Fire Insurance Co of Hartford 20478 Valley Forge Insurance Company 20508 Tokio Marine Specialty Insurance Company 23850 X X 1,000,000 XXXXXXX 15,000 1,000,000 2,000,000 2,000,000 X X X 1,000,000 XXXXXXX XXXXXXX XXXXXXX Comp./Coll. Ded 1,000 XXXXXXX XXXXXXX XXXXXXX N X 1,000,000 1,000,000 1,000,000 Contractors Pollution & Professional Liab. $2,000,000 occ./$4,000,000 agg. Ded. $50,000 retroactive date: 6/4/1976 B 6081697225 9/30/2020 9/30/2021 A 6081697256 9/30/2020 9/30/2021 C PPK2187317 9/30/2020 9/30/2021 A 6081697239 (CA)9/30/2020 9/30/2021 A 081697242 (USL&H)9/30/2020 9/30/2021 NOT APPLICABLE 9/30/2021 1492742 Y N Y N Y 7/22/2021 N N 17717077 17717077 XXXXXXX City of Menifee 29844 Haun Road Menifee CA 92586-0000 RE: Project #CIM2103.P, CEQA Technical Peer Review and Initial Study/Mitigated Negative Declaration (is/MND) for Freedom Business Park. City of Menifee and its officers, employees, agents and authorized volunteers are an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Waiver of Subrogation applies per attached endorsement(s) or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. X See Attachments DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract; or B.in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B.additional insured coverage with "arising out of" language; or C.additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16)Policy No:6081697256 Page 1 of 2 Endorsement No:5 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2020 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved. IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. Attachment Code: D590974 Certificate ID: 17717077 DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. 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. CNA75079XX (10-16)Policy No:6081697256 Page 2 of 2 Endorsement No:5 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2020 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved. IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. Attachment Code: D590974 Certificate ID: 17717077 DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F CNA PARAMOUNT General Liability Extension Endorsement 3.This Paragraph J. also does not apply: a.to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b.to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c.if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part. K.Other Person Or Organization Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’sacts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1.for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service; 2.for bodily injury or property damage included within the products-completed operations hazard; nor 3.who is specifically scheduled as an additional insured on another endorsement to this Coverage Part. 2.ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE A.The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B.With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3.BODILY INJURY – EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4.BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE CNA74879XX (1-15)Policy No:6081697256 Page 5 of 13 Endorsement No:4 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2020 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved.IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. Attachment Code: D590986 Certificate ID: 17717077 DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F 6081697225Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Endorsement Expiration Date: 9/30/2021 Policy Effective Date: 9/30/2020 Endorsement No: 15; Page: 1 of 5 Policy Page: 66 of 92 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Business Auto Policy Policy Endorsement EXTENDED COVERAGE ENDORSEMENT - BA PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I.LIABILTY COVERAGE A. Who Is An Insured The following is added to SECTION II, Paragraph A.1., Who Is An Insured: 1.a.Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b.The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage. 2.Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a.Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b.Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability policy providing auto coverage. 3.Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4.An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. Policy, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1.Which are no longer in force; or 2.Whose limits have been exhausted. B.Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1.In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2.In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee SECTION II, Paragraph B.5 does not apply. Attachment Code: D590976 Certificate ID: 17717077 DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F Form No: CNA71527XX (10-2012) Endorsement Effective Date: 06/03/2021 Policy No: 6081697225 Endorsement Expiration Date:Policy Effective Date: 9/30/2020 Endorsement No: 30; Page: 1 of 1 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Business Auto Policy Policy Endorsement ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the “accident” for which the additional insured seeks coverage under this policy. 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 Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Attachment Code: D590990 Certificate ID: 17717077 DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F 6081697239 (CA)Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: Endorsement Expiration Date: 9/30/2021 Policy Effective Date: 9/30/2020 Endorsement No: 2; Page: 1 of 1 Policy Page: 32 of 46 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. 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 Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Attachment Code: D590979 Certificate ID: 17717077 DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F 3. The claim, loss, professional loss or remediation expense or other coverage afforded under this policy which has or may result from such contamination, or negligent act, error or omission, or emergency expense. C. In the event that the named insured continuously maintains Contractors Environmental and Professional Coverage with the Company and in the event we determine that the insured fully complied with the notice provision set forth in Paragraph VII. B., then for a period not to exceed five (5) years from the expiration of this policy, any claim, remediation expense, loss, professional loss or other coverage afforded under this policy that subsequently arises out of such contamination or such negligent act, error or omission, as applicable, will be considered to have been first made under the policy in effect at the time the insured discovers such contamination or such negligent act, error or omission. VIII.DUTIES IN THE EVENT OF A CLAIM OR REMEDIATION EXPENSE OR DISCOVERY OF CONTAMINATION A. The Insured’s Duties As a condition precedent to our obligations under this policy, in the event of a claim, loss, professional loss, remediation expense, other coverage afforded under this policy or the discovery of contamination, and pursuant to VII. NOTICE AND CLAIM REPORTING PROVISIONS above, the insured shall: 1. Give notice containing particulars sufficient to identify the insured, time, place and underlying circumstances to us; 2. Immediately forward to us every demand, notice, summons, or other process received by the insured or insured’s representatives; 3. Take reasonable measures to protect their interests, and to mitigate any loss, professional loss, remediation expense, defense expense or any other coverage afforded under this policy, and to comply with applicable laws. We shall not be liable for loss, professional loss, remediation expense, defense expense or any other coverage afforded under this policy admitted by the insured without our prior written consent; 4. Admit no liability, make no payments, assume no obligation and incur no expense related to such claim, or remediation expense without our prior written consent; 5. Fully cooperate with us and, upon our request, assist in investigations, making settlements and in the conduct of defense of claims. The insured shall, at the insured’s cost, attend inquires, interviews, hearings, trials and depositions and shall assist in securing and giving evidence and in obtaining the attendance of witnesses and employees; and 6. Not demand or agree to arbitration of any claim or any part of your responsibilities for remediation expense, loss, or professional loss, or other coverage afforded or contamination without our prior written consent. Such consent shall not be unreasonably withheld. B. Rights and Duties Concerning Contamination Page 20 of 27 © 2017 Philadelphia Consolidated Holding Corp. Attachment Code: D591614 Certificate ID: 17717077 DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F 1. The insured shall have the right and duty to retain an environmental professional, subject to our consent, to associate with the insured’s investigation or remediation of contamination covered by this insurance after the insured discovers and notifies us of the existence of such contamination. We have the right, but not the duty, to review and approve all aspects of any such investigation or remediation. 2. In the event of emergency expense, the insured may select an environmental professional without our prior consent. Except for emergency expense, any costs incurred without our consent will not be covered under this policy or credited against the self-insured retention. As a condition precedent for coverage of emergency expense under this policy, the insured must notify us as soon as practicable, but in no event after expiration of the policy period, of such emergency expense. 3. In addition, we shall retain the right but not the duty to investigate or remediate contamination on behalf of the insured after receipt of notice of such contamination. Any expenses incurred in such investigation or remediation shall be deemed to be incurred by the insured and applied against the Limits of Insurance and credited against the self- insured retention. 4. Subject to Paragraph VIII. B.2., above, in the event that the insured, subject to our prior consent, retains a remediation contractor to investigate and remediate contamination to which this policy applies, the remediation expense we must pay to such remediation contractor is limited to the unit rates and material costs we would actually pay to remediation contractors that we retain in the ordinary course of business in the investigation or remediation of similar contamination in the location where the contamination took place. We have the right to require that such remediation contractors have certain minimum qualifications with respect to competency, including experience in investigation and remediation contamination similar to the contamination at issue, and to require that such remediation contractors have acceptable limits of errors and omissions insurance coverage. The insured warrants that such remediation contractors will timely respond to our requests for information regarding any contamination. 5. Subject to Paragraph VIII. B.2., above, in the event that the insured, subject to our prior consent, directly undertakes the investigation and remediation of contamination resulting directly or indirectly from your contracting operations to which this policy applies, the remediation expense we must pay to such insured is limited to the unit rates and material costs we would actually pay to remediation contractors that we retain in the ordinary course of business in the investigation or reme diation of similar contamination in the location where the contamination took place, but in no event will we be obligated to pay the insured for any element of overhead or profit with respect to any remediation expense it incurs under this subparagraph. IX.EXTENDED REPORTING PROVISIONS The provisions of this Section IX. EXTENDED REPORTING PROVISIONS shall apply only to coverage provided by this policy that is on a Claims-Made and Reported Basis. A.Automatic Extended Reporting Period 1. If you cancel or refuse to renew this policy or, if we cancel or refuse to renew this policy for reasons other than non-payment of premium or fraud or material misrepresentation on your part, we will provide to you a ninety (90) day automatic extended reporting period, at no additional charge. Page 21 of 27 © 2017 Philadelphia Consolidated Holding Corp. Attachment Code: D591614 Certificate ID: 17717077 DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F 2. The automatic extended reporting period will apply to any claim first made against you and reported to us in writing during the ninety (90) day extension period, but only with respect to: a. A negligent act, error or omission in Your Professional Services, provided that Your Professional Services are otherwise covered by this policy; or b. Contamination that the named insured discovers during the policy period and reports to us in writing during the policy period; or c. Solely with respect to contamination that the named insured discovers within twenty- four (24) hours prior to the termination of the policy and reports to us in writing during the five (5) days immediately following the termination of the policy; Provided that such contamination is otherwise covered by this policy. 3. If you purchase replacement coverage for this policy or a supplemental extended reporting period under B. below, the ninety (90) day automatic extension period will end on the effective date of the replacement coverage or on the effective date of the supplemental extended reporting period, whichever is earliest. B. Supplemental Extended Reporting Period 1. If you cancel or refuse to renew this policy or, if we cancel or refuse to renew this policy for reasons other than non-payment of premium or fraud or material misrepresentation on your part, you shall have the right to purchase a supplemental extended reporting period of three (3) years for a premium of not more than two hundred and fifty percent (250%) of the expiring policy premium. 2. The supplemental extended reporting period will apply to any claim first made against you and reported to us in writing during the supplemental extended reporting period but only with respect to: a.A negligent act, error or omission in the performance of Your Professional Services rendered on or after the retroactive date shown in item 9. of the declaration page and prior to the expiration of the policy. b.Contamination that the named insured discovers during the policy period and reports to us in writing during the policy period; or c. Solely with respect to contamination that the named insured discovers within twenty- four (24) hours prior to the termination of the policy and reports to us in writing during the five (5) days immediately following the termination of the policy; Provided that such contamination is otherwise covered by this policy. 3. You must apply for this extension in writing, accompanied by payment of premium, prior to the expiration of the ninety (90) day automatic extended reporting period under A. above. C. Extended Reporting Periods The extended reporting periods are subject to the following conditions, as applicable: 1. All premium paid with respect to a supplemental extended reporting period shall be deemed to be fully earned as of the first day of the extension period. Page 22 of 27 © 2017 Philadelphia Consolidated Holding Corp. Attachment Code: D591614 Certificate ID: 17717077 DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F 2. The supplemental extended reporting period described herein shall commence upon the day that the automatic extended reporting period terminates. 3. For the purpose of any extended reporting period, any change in premium, self- insured retention, Limits of Insurance or other terms or conditions at renewal is not a refusal to renew. 4. Limits of Insurance available during any extended reporting period shall not exceed the balance of the Limits of Insurance in effect at the time the policy terminated. 5. In the event similar insurance is in force covering any claims first made during the automatic extended reporting period, there is no coverage under this policy. 6. In the event similar insurance is in force covering any claims first made during the supplemental extended reporting period, coverage provided by this policy shall be excess over any such other insurance, including any applicable deductible or self- insured retention amounts of such other insurance. For purposes of this provision, other insurance includes all types of self-insurance, indemnification or other funding arrangement or program that is available to compensate an insured for liability. 7. Any extended reporting period does not extend the policy period. Any claim first made against you during an extended reporting period will be deemed to have been first made during the last day of the policy period. X.GENERAL CONDITIONS A. Subrogation If we pay any amount under this policy, we shall be subrogated to the insured’s rights of recovery against any person, firm or organization. The insured shall execute and deliver instruments and papers and do whatever is necessary to secure such rights. The insured shall not waive or prejudice such rights subsequent to when a claim is first made or when the insured discovers contamination. Any recovery as a result of a subrogation proceeding arising out of payment of a professional loss, loss or remediation expense covered under this insurance shall accrue first to you to the extent of any payments in excess of the Limits of Insurance; then to us to the extent of our payment under the policy; and then to you to the extent of your self-insured retention. Expenses incurred in such subrogation proceedings will be apportioned among the interested parties in the recovery, in the proportion that each interested party’s share in the recovery bears to the total recovery. Notwithstanding the foregoing, we hereby waive our right of subrogation against your client and any entity where required by written contract provided that such contract is fully executed prior to the first commencement of contamination or prior to the rendering or failure to render your professional services, as applicable to which this insurance applies. B. Changes Notwithstanding anything to the contrary, no provision of this policy may be amended, waived or otherwise changed except by endorsement issued by us to form part of this policy. C. Action Against Us Page 23 of 27 © 2017 Philadelphia Consolidated Holding Corp. Attachment Code: D591614 Certificate ID: 17717077 DocuSign Envelope ID: 58819D87-D8DB-4FB1-84B6-8FBA9D31D21F