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2021/09/30 LSA Associates, Inc. (8)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 The Continental Insurance Company 35289 National Fire Insurance Co of Hartford 20478 Valley Forge Insurance Company 20508 Tokio Marine Specialty Insurance Company 23850 X X X Cont. Liab. Incl. 1,000,000 XXXXXXX 15,000 1,000,000 2,000,000 2,000,000 X 1,000,000 XXXXXXX XXXXXXX XXXXXXX Comp./Coll. Ded 1,000 X X X 10,000 5,000,000 5,000,000 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 7015505617 9/30/2021 9/30/2022 A 7015505648 9/30/2021 9/30/2022 D PPK2330053 9/30/2021 9/30/2022 C 7015505620 9/30/2021 9/30/2022 A 7015505603 (CA)9/30/2021 9/30/2022 A 7015505469 (USL&H)9/30/2021 9/30/2022 9/30/2022 1492002 Y Y Y Y Y Y Y 9/29/2021 N N 17903495 17903495 XXXXXXX City of Menifee 29844 Haun Road Nenifee CA 92586 RE: Project: Riverwalk Townhome Development Project No.: CIM2105. X See Attachments DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) ACORD 25 (2016/03) CEQA TECHNICAL PEER REVIEW AND INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR MENIFEE RIVERWALK TOWNHOME DEVELOPMENT PROJECT (TTM 38219) City of Menifee is 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 as per the attached endorsements or policy language. Notice of Cancellation applies per attached endorsement(s). Referenced Excess or Umbrella Liability policy is follow form to all underlying policies as provided on the policy or endorsements. Certificate Holder ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 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:7015505648 Page 1 of 2 Endorsement No:5 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2021 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved. IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. Attachment Code: D590974 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 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:7015505648 Page 2 of 2 Endorsement No:5 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2021 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved. IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. Attachment Code: D590974 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 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:7015505648 Page 5 of 13 Endorsement No:4 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2021 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved.IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. Attachment Code: D590986 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 CNA PARAMOUNT General Liability Extension Endorsement not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D.This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE – ELEVATORS A.Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows: A.Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B.Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 20. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named Insured’s ongoing operations; or 2.your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1.is in effect or becomes effective during the term of this Coverage Part; and 2.was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 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. CNA74879XX (1-15)Policy No:7015505648 Page 13 of 13 Endorsement No:4 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2021 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved. IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission. Attachment Code: D590975 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 CNA PARAMOUNT Cancellation / Nonrenewal - California Wherever used in this endorsement: 1) Insurer means "we", "us", "our" or the "Company" as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) "Insureds" means all persons or entities afforded coverage under the policy. Any cancellation, nonrenewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NONRENEWAL A.CANCELLATION 1.The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective. 2.If the policy has been in effect for less than sixty (60) days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record. The notice of cancellation will be provided at least sixty (60) days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums the notice will be given no less than ten (10) days prior to the effective date of the cancellation. 3.If the policy has been in effect for more than sixty (60) days or if it is a renewal, effective immediately, the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: a.Nonpayment of premium, including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks. b.A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against. c.Discovery of fraud or material misrepresentation by either of the following: (1) The Named Insured or Insured(s) or a representative of same in obtaining the insurance; or (2) The Named Insured or his or her representative in pursuing a claim under the policy. d.Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Named Insured or Insured(s) or a representative of same, which materially increase any of the risks insured against. e.Failure by the Named Insured or Insured(s) or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. f.A determination by the commissioner that the loss of, or changes in, the Insurer's reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the Insurer. g.A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer. h.A change by the Named Insured or Insured(s) or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased risk or a materially changed risk, unless the added, increased, or changed risk is included in the policy. A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days prior to the effective date of cancellation. Where cancellation is for nonpayment of premium, notice shall be given no less than ten (10) days prior to the effective date of cancellation. CNA62814CA (12-19)Policy No:7015505648 Page 1 of 4 Endorsement No:17 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2021 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved. Attachment Code: D590988 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 CNA PARAMOUNT Cancellation / Nonrenewal - California 4.The notice will state the actual reason for the cancellation. 5.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6.If notice is mailed, proof of mailing will be sufficient proof of notice. B.PREMIUM REFUND If this policy is cancelled, the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. C.NONRENEWAL 1.The Insurer can non-renew the policy by giving written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days but not more than one hundred twenty (120) days before the expiration date. 2.The notice of nonrenewal will state the actual reason for nonrenewal. 3.If notice is mailed, proof of mailing will be sufficient proof of notice. 4.A notice of nonrenewal will not be required in any of the following situations: a.The transfer of, or renewal of, a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. b.The policy has been extended for ninety (90) days or less, if the notice required has been given prior to the extension. c.The Named Insured has obtained replacement coverage or has agreed, in writing, within sixty (60) days of the termination of the policy, to obtain that coverage. d.The policy is for a period of no more than sixty (60) days and the Named Insured is notified at the time of issuance that it may not be renewed. e.The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty (60) days prior to the end of the policy period. f.The Insurer has made a written offer to the Named Insured, within the prescribed time period, to renew the policy under changed terms or conditions or at a changed premium rate, where the increase is more than 25%. As used herein, "terms or conditions" includes, but is not limited to, a reduction in limits, elimination of coverages, or an increase in deductibles. 5.In the case of conditional renewal, failure of the Named Insured to satisfy conditions provided by the Insurer for renewal, by the expiration date of the policy or sixty (60) days after mailing or delivery of such notice, whichever is later, the conditional renewal shall be treated as an effective nonrenewal. D.CONDITIONAL RENEWAL 1.If the policy has been in effect for more than sixty (60) days or if the policy is a renewal, effective immediately no increase in premium, reduction in limits, or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons: a.Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insured(s) which materially increase any of the risks or hazards insured against. b.Failure by the Named Insured or Insured(s) to implement reasonable loss control requirements which were agreed to by the Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. c.A determination by the commissioner that loss of or changes in an insurer's reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted. CNA62814CA (12-19)Policy No:7015505648 Page 2 of 4 Endorsement No:17 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2021 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved. Attachment Code: D590988 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 CNA PARAMOUNT Cancellation / Nonrenewal - California d.A change by the Named Insured or Insured(s) in the activities or property of the commercial or industrial enterprise which results in a materially added risk, a materially increased risk, or a materially changed risk, unless the added, increased, or changed risk is included in the policy. 2.A written notice will be mailed or delivered to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days prior to the effective date of any increase, reduction or change. 3.The notice will state the effective date of, and the reasons for, the increase, reduction or change 4.If notice is mailed, proof of mailing will be sufficient proof of notice. E.ADDITIONAL PROVISIONS 1.Solely with respect to coverage for real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit: a.The Insurer shall not cancel or refuse to renew such coverage existing on the date the Insurer elected to become an associate participating insurer after an offer of earthquake coverage is accepted solely because the insured has accepted that offer of earthquake coverage; and b.The Insurer shall not cancel such coverage unless the policy is properly canceled pursuant to Paragraph A above; and c.The Insurer may not cancel or non-renew this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, the Insurer shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. d.The following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. The Insurer 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 apply: i.The policy is terminated by the Named Insured; ii.The policy is refused renewal on the basis of sound underwriting principles that relate to the coverages provided by the policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; iii. The Commissioner of Insurance finds that the exposure to potential losses will threaten the solvency of the Insurer or place the Insurer in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which the Insurer makes claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least twenty-five percent (25%) for payment of those claims; or iv. The Insurer has lost or experienced a substantial reduction in the availability or scope of reinsurance coverage or a substantial increase in the premium charged for reinsurance coverage for its residential property insurance policies, and the Commissioner of Insurance has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in the Insurer's reinsurance position. e.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, the Insurer may not cancel or non-renew 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 wildfire has occurred. CNA62814CA (12-19)Policy No:7015505648 Page 3 of 4 Endorsement No:17 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2021 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved. Attachment Code: D590988 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 CNA PARAMOUNT Cancellation / Nonrenewal - California However, the Insurer may cancel or non-renew: (1) When the Named Insured has not paid the premium at any time and the Insurer lets the Named Insured know at least 10 days before the date cancellation takes effect; (2) If willful 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; (3) If losses unrelated to the post-disaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or (4) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable f.If this policy contains an exclusion barring coverage for the peril of corrosive soil conditions, the Insurer shall not cancel or refuse to renew the policy solely because corrosive soil conditions exist on the location. 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. CNA62814CA (12-19)Policy No:7015505648 Page 4 of 4 Endorsement No:17 Nat'l Fire Ins Co of Hartford Effective Date:9/30/2021 Insured Name: LSA ASSOCIATES, INC. CopyrightCNAAllRightsReserved. Attachment Code: D590988 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 7015505617Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: Endorsement Expiration Date: 9/30/2022 Policy Effective Date: 9/30/2021 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 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 Form No: CNA71527XX (10-2012) Endorsement Effective Date: 06/03/2021 Policy No: 7015505617 Endorsement Expiration Date:Policy Effective Date: 9/30/2021 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 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 Form No: CA 04 44 10 13 Endorsement Effective Date: Policy No: 7015505617 Endorsement Expiration Date: Policy Effective Date: 9/30/2021 Endorsement No: 17; Page: 1 of 1 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright Insurance Services Office, Inc., 2011 Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: LSA ASSOCIATES, INC. Endorsement Effective Date: 9/30/2021 SCHEDULE Name(s) Of Person(s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Attachment Code: D591616 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 7015505603 (CA)Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: Endorsement Expiration Date: 9/30/2022 Policy Effective Date: 9/30/2021 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 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 D. 1. a. b. c. d. e. f. g. h. 2. a. i. ii. b. IV. A. B. 1. a. b. Coverage D - Key Employee Exclusions With respect to Coverage D – Key Employee, this insurance does not apply to any actual or alleged:Death or Disability death or permanent disability of a key employee relating to, or arising out of:nuclear reaction or radiation or radioactive contamination, however caused; sickness or disease, including mental illness or mental injury; pregnancy, childbirth, miscarriage or abortion; suicide, attempted suicide or self inflicted bodily injury, while sane or insane; the key employee’s intoxication, impairment or otherwise being under the influence of alcohol or controlled substances; war, including undeclared or civil war; 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 insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Other Expenses expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to:find a permanent replacement for the key employee; and reduce or discontinue the key employee replacement expense; as soon as possible after the Named Insured’s permanent loss of the services of the key employee caused by a covered accident. additional expenses incurred due to the Named Insured’s loss of the services of a permanent replacement appointed or hired to replace a key employee, however caused. However, this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured’s loss of the services of the replacement employee is caused by a covered accident. WHO IS AN INSURED The following persons or organizations are Insureds. With respect to Coverage A - Excess Follow Form Liability, the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds, and then only for the same coverage, except for limits of insurance, afforded under such underlying insurance. With respect to the Coverage B - Umbrella Liability:If the Named Insured is designated in the Declarations of this Policy as: an individual, the Named Insured and the Named Insured’s spouse are Insureds, but only with respect to the conduct of a business of which the Named Insured is the sole owner. a partnership or joint venture, the Named Insured is an Insured. The Named Insured’s members, the Named Insured’s partners, and their spouses are also Insureds, but only with respect to the conduct of the Named Insured’s business. Form No:Policy No: 7015505620 Policy Effective Date: 9/30/2021 Underwriting Company: Policy Page: 14 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) Policy Page: 27 of 54 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy Attachment Code: D593314 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 CNA Paramount Excess and Umbrella Liability Policy c. d. e. 2. a. b. i. (a) (b) (c) (d) ii. (a) (b) C. V. A. a limited liability company, the Named Insured is an Insured. The Named Insured’s members are also Insureds, but only with respect to the conduct of the Named Insured’s business. The Named Insured’s managers are Insureds, but only with respect to their duties as the Named Insured’s managers. an organization other than a partnership, joint venture or limited liability company, the Named Insured is an Insured. The Named Insured’s executive officers and directors are Insureds, but only with respect to their duties as the Named Insured’s officers or directors. The Named Insured’s stockholders are also Insureds, but only with respect to their liability as stockholders. a trust, the Named Insured is an Insured. The Named Insured’s trustees are also Insureds, but only with respect to their duties as trustees.Each of the following are also Insureds: The Named Insured’s volunteer workers but only while performing duties related to the conduct of the Named Insured’s business. The Named Insured’s employees, other than either the Named Insured’s executive officers (if the Named Insured is an organization other than a partnership, joint venture or limited liability company) or the Named Insured’s managers (if the Named Insured is a limited liability company), but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business. However, none of these employees or volunteer workers are Insureds for: bodily injury or personal and advertising injury: to the Named Insured, to the Named Insured’s partners or members (if the Named Insured is a partnership or joint venture), to the Named Insured’s members (if the Named Insured is 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 the Named Insured’s business, or to the Named Insured’s other volunteer workers while performing duties related to the conduct of the Named Insured’s business; to the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of paragraph (i)(a) above; 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 i. (a) or (b) above; or arising out of his or her providing or failing to provide professional health care services. property damage to property: owned, occupied or used by; rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by;the Named Insured, any of the Named Insured’s employees, volunteer workers, any partner or member (if the Named Insured is a partnership or joint venture), or any member (if the Named Insured is a limited liability company). With respect to the Coverage C - Crisis Event Management and the Coverage D - Key Employee, the Named Insured is the Insured.LIMITS OF INSURANCE Multiple Insureds, claims, claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No:Policy No: 7015505620 Policy Effective Date: 9/30/2021 Underwriting Company: Policy Page: 15 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) Policy Page: 28 of 54 © Copyright CNA All Rights Reserved. Attachment Code: D593314 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 Attachment Code: D593314 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 v. vi. 3. P. Q. a. b. c. R. S. T. 1. 2. U. or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer’s prior consent.Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B – Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer’s approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A – Excess Follow Form Liability only, if:the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; Underlying Insurance includes that person or entity as an additional insured; and Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity;then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. Premium All premium charges under this Policy will be computed according to the Insurer’s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this as if each Named Insured were the only Named Insured; and separately to each Insured against whom a claim is made. Transfer of Interest Form No:Policy No: 7015505620 Policy Effective Date: 9/30/2021 Underwriting Company: Policy Page: 21 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) Policy Page: 34 of 54 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy Attachment Code: D592968 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 V. W. 1. 2. VII. A. B. A. B. A. Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. Unintentional Omission Based on Insurer’s reliance on the Named Insured’s representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement:is in effect or becomes effective during the policy period; and was executed prior to loss. DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured’s goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: notices that are published include material placed on the Internet or on similar electronic means of communication; and regarding web-sites, only that part of a web-site that is about the Named Insured’s goods, products or services for the purposes of attracting customers or supporters is considered an advertisement.Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer’s consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured’s risk management or in-house general counsel’s office, or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means: a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.However, auto does not include mobile equipment. Bodily injury means bodily 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 bodily injury, sickness or disease. Claim means a:suit; or Form No:Policy No: 7015505620 Policy Effective Date: 9/30/2021 Underwriting Company: Policy Page: 22 of 32 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 CNA75504XX (03-2015) Policy Page: 35 of 54 © Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability Policy Attachment Code: D592969 Master ID: 1492002, Certificate ID: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 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: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 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: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 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: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453 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: 17903495 DocuSign Envelope ID: FCC8498C-51B0-405A-964F-9719529CF453