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2020/11/17 Southstar Engineering and Consulting, Inc.
11/01/2021 Danmar Insurance Services Inc. License # OD36873 9899 Indiana Avenue, Ste 101 Riverside CA 92503 Amy Torgersen (951) 509-0509 (951) 509-0515 amyt@danmarins.com Southstar Engineering & Consulting Inc 1945 Chicago Ave., Unit C2 Riverside CA 92507 Lloyd of London LOL California Auto Ins Company 38342 Hartford Property & Casualty 34690 CL2110710287 A Y PF00048A20 11/17/2020 11/17/2021 1,000,000 100,000 10,000 1,000,000 2,000,000 1,000,000 Employee Benefits 100,000 B BA040000063415 11/17/2020 11/17/2021 1,000,000 Non-owned 1,000,000 C Y 72WECVK5076 02/09/2021 02/09/2022 1,000,000 1,000,000 1,000,000 Re: Professional & Consulting Services; Construction Management City of Menifee and its officers, employees, agents and authorized volunteers are named as additional insured on the General Liability only ( pertaining to work performed by the named insured. Primary and non-contributory coverage on the General Liability. Per Endorsements attached. City of Menifee 29844 Haun Road Menifee CA 92586 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 PRIMARY NON-CONTRIBUTORY ENDORSEMENT In consideration of the premium charged for this Policy, it is hereby understood and agreed that Section VII. OUR OBLIGATIONS IN THE EVENT OF A CLAIM/CIRCUMSTANCE, subsection F. is amended by the addition of the following: Notwithstanding the foregoing, where required by a written contract or agreement coverage under this Policy shall qualify as primary and non-contributory insurance to any client of yours if; 1. a claim is made against them and you would have been liable and coverage would have been afforded under the terms and conditions of this Policy had such claim been made against you; and 2. the claim does not include allegations or facts indicating actual or alleged independent or direct liability on the part of your client. However, this insurance provided to the additional Insured shall still apply in excess of and shall not contribute with valid and collectible other insurance whether primary, excess, contingent or on any other basis, that is available to the additional Insured when that person or entity is an additional Insured under any other Policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED . Policy Number: PF00048A20 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 This Policy is a contract of insurance between you and us. Please read the entire Policy carefully to determine your rights, duties, and what is covered/not covered. The Policy must be read together with the Declarations page and any Endorsements. NOTE: COVERAGE TRIGGERS. Insuring Clauses 1-7 and 12 are provided on a Claims Made and Reported basis. That is, coverage applies only to claims first made against you during the policy period and reported in writing to us pursuant to the terms of this Policy. Insuring Clauses 8-11 are provided on an Occurrence basis. That is, coverage only applies to claims arising out of an occurrence that first occurs during the policy period. Please review the coverage afforded under this Policy carefully and discuss with your insurance agent or broker if necessary. Terms in bold, lower case print are defined terms and have a special meaning as set forth in Section XI. DEFINITIONS. Words stated in the singular will include the plural and vice versa. In consideration of payment of the premium due, and in reliance upon the information that you have provided to us prior to the commencement of this Policy, we agree to provide the cover as set out below. PREAMBLE Under Insuring Clauses 1-7 and 12, it is condition precedent to our obligations to you that: 1. any claim must first be made against you during the policy period or any applicable extended reporting period; 2. any claim or rectification event be reported to us in writing as soon as practicable during the policy period, but in no event later than sixty days (60) after the expiration of the policy period, or during any applicable extended reporting period; 3. the acts, errors or omissions, including any series of related acts errors or omissions, that give rise to the claim or rectification event occur wholly on or after the Retroactive Date; and 4. prior to the inception of this Policy, you had no knowledge of any facts or circumstances that give rise to any claim or rectification event. Under Insuring Clauses 8-11, it is condition precedent to our obligations to you that: 1. the bodily injury or property damage is caused by an occurrence that first takes place during the policy period; and 2. prior to the inception of this Policy, you had no knowledge of any bodily injury or property damage, in whole or in part, that gives rise to any claim. I. INSURING CLAUSES - WHAT WE COVER PROFESSIONAL LIABILITY We agree to pay those sums which you become legally obligated to pay as damages and claims expenses for any claim arising out of any: INSURING CLAUSE 1: DESIGN/ENGINEERING/CONSTRUCTION PROFESSIONAL LIABILITY negligent act, error, omission or pollution condition in rendering or failing to render professional services by you or by any person, including an independent contractor, for whose negligent act, error or omission you are legally responsible. Page 10 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 INSURING CLAUSE 2: TECHNOLOGY-BASED SERVICES & PRODUCTS A. negligent act, error or omission, or any unintentional breach of contract, in rendering or failing to render technology-based services by you or by any person, including an independent contractor, for whose negligent act, error or omission or unintentional breach of contract you are legally responsible. B. negligent act, error or omission, or any unintentional breach of contract by you that results in the failure of technology products to perform their function or serve the purpose intended. RECTIFICATION COVER We agree to pay rectification costs reasonably and necessarily incurred by you with our prior written consent for a rectification event provided that: INSURING CLAUSE 3: RECTIFICATION COSTS A. prior to incurring any rectification cost, you can demonstrate to us the likelihood of a claim being made against you in the absence of such efforts; B. the proposed rectification costs are less than the expected damages from the anticipated claim; and C. the proposed rectification costs do not include any provision for salaries or other remuneration of your employees, any provision for your loss of profit or any provision for your normal operating expenses. POLLUTION & MOLD LIABILITY We agree to pay those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim: INSURING CLAUSE 4: POLLUTION LIABILITY for any pollution condition: A. arising out of the performance of or failing to perform contracting services by you or by any person, including an independent contractor, for whom you are legally responsible. B. wholly occurring during and resulting solely from transportation. This Insuring Clause shall not be utilized to evidence your financial responsibility under any federal, state, provincial or local law. C. originating from a non-owned disposal site and that is on, at, under or migrates from such non- owned disposal site; provided that the pollution condition arises from waste or materials generated by the performance of contracting services. INSURING CLAUSE 5: MOLD LIABILITY for any mold condition arising out of the completed operations hazard. Page 11 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 CYBER LIABILITY We agree to pay those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim: INSURING CLAUSE 6: CYBER, PRIVACY & COMPUTER NETWORK SECURITY arising out of any negligent act, error or omission resulting in a first party privacy breach, third party privacy breach or network security event. In order for coverage to be triggered you must, at the time of such acts, errors or omissions, have in place a privacy policy that addresses the subsections contained with the definition of privacy breach or network security event. MEDIA & ADVERTISING LIABILITY We agree to pay damages and claims expenses resulting from any claim: INSURING CLAUSE 7: MEDIA & ADVERTISING LIABILITY for liability imposed by law or assumed under contract arising out of: a. defamation, libel, slander, product disparagement, trade libel, prima facie tort, infliction of emotional distress, outrage, outrageous conduct, or other tort related to disparagement or harm to the reputation or character of any person or organization; b. invasion of or interference with the right to privacy or of publicity; c. misappropriation of any name or likeness for commercial advantage; d. false arrest, detention or imprisonment or malicious prosecution; e. invasion of or interference with any right to private occupancy, including trespass, wrongful entry, eviction or eavesdropping; f. plagiarism, piracy or misappropriation of ideas under implied contract; g. infringement of copyright; h. infringement of trade dress, domain name, title or slogan, or the dilution or infringement of trademark or service mark; i. negligence regarding the content of any media communication, including harm caused through any reliance or failure to rely upon such content; or j. misappropriation of trade secret; in the course of your performance of professional services, media activities or technology-based services. Provided, however, this Policy shall not apply to any claim for, or arising out of the disclosure, misuse or misappropriation of any ideas, trade secrets or confidential information that came into the possession of any person prior to the date he or she became an employee, officer, director, principal or partner of yours. Page 12 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 GENERAL LIABILITY We agree to pay: INSURING CLAUSE 8: BODILY INJURY & PROPERTY DAMAGE those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim arising out of bodily injury or property damage occurring in the course of your business activities. INSURING CLAUSE 9: PRODUCTS & COMPLETED OPERATIONS those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim arising out of the completed operations hazard. INSURING CLAUSE 10: TENANTS’ LEGAL LIABILITY those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim arising out of property damage to premises leased to, hired by, on loan to or held in trust by you, or otherwise in your care, custody or control. INSURING CLAUSE 11: MEDICAL EXPENSES medical expenses for bodily injury to a third party arising out of your business activities; a. on premises you own or rent; or b. on ways next to premises you own or rent; provided that: i. the third party, at the time of the accident, is not entitled to benefits under any workers’ compensation or disability law (or similar); ii. the medical expenses are incurred and notified to us within one year of the date of the accident; and iii. the third party submits to examination, at our expense, by physicians of our choice and as often as we reasonably require. We will make these payments regardless of fault. INSURING CLAUSE 12: EMPLOYEE BENEFITS LIABILITY those sums which you become legally obligated to pay as damages and claims expenses resulting from any claim arising out any negligent act, error or omission committed by you or on your behalf in the administration of your employee benefit program. Page 13 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 Payments made under this section are not subject to the Each Claim Deductible and are payable by us in addition to the Limits of Liability (see Declarations and Section III. HOW MUCH WE WILL PAY): A. Court/Mediation Attendance Reimbursement Upon our request, you shall attend mediation meetings, arbitration proceedings, hearings, depositions and trials relative to the defense of a claim. After the first 3 days’ attendance required for each claim, we shall reimburse you, upon written request, for actual loss of earnings and reasonable expenses due to such attendance up to $500 for each day, subject to a maximum amount of $10,000 for each claim. B. Regulatory / Administrative Actions Reimbursement Upon your written request we will reimburse you for legal fees and expenses up to $30,000 in the aggregate for the policy period that you incur, with our prior written consent, in responding to a regulatory or administrative action brought directly against you during the policy period by a government agency under the Americans with Disabilities Act of 1990 (ADA), the Fair Housing Act (FHA) or the Occupational Safety and Health Act (OSHA) or any similar law or legislation of any state, provided that the regulatory or administrative action: i. arises out of your rendering of or failure to render professional services; and ii. is reported to us during the policy period. We have no duty to defend you against any regulatory or administrative action or to pay any fine, penalty or award resulting from any regulatory or administrative action. After we have paid $30,000 under this Section II.B., we shall not be obligated to pay any further legal fees and expenses. C. Disciplinary Proceedings Reimbursement Upon your written request we will reimburse you, upon written request, for legal fees and expenses up to $10,000 in the aggregate for the policy period, incurred by you with our prior written consent, in responding to a disciplinary proceeding brought directly against you during the policy period provided that the disciplinary proceeding: i. arises out of your rendering of or failure to render professional services; and ii. is reported to the us during the policy period. We have no duty to defend you against any disciplinary proceeding or to pay any fine, penalty or award resulting from any disciplinary proceeding. After we have paid $10,000 under this Section II.C., we will not be obligated to pay any further legal fees and expenses. D. Reputation Management Reimbursement We will reimburse you up to $15,000 in in the aggregate for the policy period, for costs for reputational management consulting services provided by a public relations firm which are incurred, by you, in connection with a claim covered under this Policy which you reasonably believe will have a material adverse effect upon your reputation. II. SUPPLEMENTARY PAYMENTS Page 14 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 After we have paid $15,000 under this Section II.D., we shall not be obligated to pay any further Reputational Management Expenses. A. The Limit of Liability stated in Item 3.(a) of the Declarations for Each Claim is the limit of what we will pay for all damages and claims expenses arising out of any single claim, or for rectification costs due to a rectification event, or for medical expenses due to an occurrence, subject to any applicable sub-limits stated in Item 3.(b) of the Declarations. If more than one Insuring Clause is triggered by a single claim, only one Each Claim limit will apply and this will be the highest of the Each Claim limits available. B. The Overall Policy Aggregate Limit of Liability stated in Item 3.(c) of the Declarations is our combined total Limit of Liability for all claims, rectification events and occurrences which are covered under the terms and conditions of this Policy, subject to any applicable sub-limits stated in Item 3.(c) of the Declarations. C. When we defend a claim, we will pay claims expenses incurred with our prior written consent. The Limit of Liability available to pay damages shall be reduced by, and may be completely exhausted by, payment of claims expenses. Damages and claims expenses shall be applied against the Each Claim Deductible. D. Neither the inclusion of more than one Insured under this Policy, nor the making of claims by more than one person or entity shall increase the Limit of Liability. E. Our maximum aggregate Limit of Liability with respect to all claims brought by, or on behalf of, or in the name of, or involving the same claimant on a single project or related projects, shall not exceed the Each Claim Limit of Liability stated in Item 3.(a) of the Declarations. A. The Each Claim Deductible stated in Item 4. of the Declarations applies separately to each claim or rectification event. It is your obligation to satisfy the Each Claim Deductible by payment of damages, claims expenses or both. Your payment of the Each Claim Deductible is a condition precedent to our obligations to pay covered damages and claims expenses, and we shall be liable only for amounts in excess of said Deductible. B. If you are covered for damages and/or claims expenses under any other Policy of insurance, your payment of any Deductible under those Policies will not satisfy your obligation to pay the Each Claim Deductible under this Policy. C. If, upon our request, you agree to use mediation to resolve a claim prior to the commencement of litigation, and the claim is resolved as a result of the mediation, then your Deductible obligation shall be reduced by fifty percent (50%) to a maximum reduction of $25,000. III. HOW MUCH WE WILL PAY IV. YOUR DEDUCTIBLE V. YOUR OBLIGATIONS IN THE EVENT OF A CLAIM/CIRCUMSTANCE Page 15 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 A. If any claim is made against you, you shall forward as soon as practicable through the persons named in Item 8. of the Declarations, written notice of the claim to us by email or letter which should include any related documents you have received. This must be received by us no later than sixty calendar days (60) after the expiration of the policy period, or by the end of the extended reported period if purchased. B. You shall not take any action which in any way increases our exposure under the Policy. You shall not, without our prior written consent: 1. admit liability; 2. make any payment; 3. assume any obligations; 4. incur any expense; 5. enter into any settlement; 6. stipulate to any judgement or award; or 7. dispose of any claim. C. A claim shall be considered as reported to us when written notice is first received by us. D. If you become aware of any circumstance, including any occurrence which may result in a claim, you should report the following in writing, as soon as practicable, to the persons named in Item 8. of the Declarations: 1. the specific details of the act, error or omission, accident, pollution condition or mold condition that gave rise to the circumstance; 2. the injury or damage which may result or has resulted from the circumstance; and 3. the facts by which you first became aware of the circumstance. Any subsequent claim made against you arising out of such circumstance will be deemed to have been made at the time written notice complying with the above requirements was first received by us. A. You shall cooperate with us in all investigations, including investigations regarding the application for and coverage under this Policy. B. Upon our request, you shall render all assistance as is requested by us, including: 1. executing all papers; 2. assisting in making settlements; 3. assisting in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to you because of acts, errors, omissions, accidents, pollution VI. YOUR ASSISTANCE, COOPERATION & REPRESENTATIONS Page 16 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 conditions, mold conditions or media activities with respect to which insurance is afforded under this Policy; and 4. attending hearings and trials and assisting in securing and giving evidence and obtaining the attendance of witnesses. C. If you shall make any claim under this Policy knowing such claim to be false or fraudulent, with regards to the amount or otherwise, this Policy shall become null and void, and all coverage hereunder shall be forfeited. D. By acceptance of this Policy, you agree that the statements contained in any application submitted therewith are your agreements and representations, that they shall be deemed material to the risk assumed by us, and that this Policy is issued in reliance upon the truth thereof. The misrepresentation or non-disclosure of any matter by you or your agent in any application submitted to us will render the Policy null and void and relieve us from all liability under the Policy. The application is deemed incorporated into and made a part of this Policy. A. We shall have the right and duty to defend, subject to the Limit of Liability, exclusions and other terms and conditions of this Policy: 1. any claim against you seeking damages which are payable under the terms of this Policy, even if any of the allegations of the claim are groundless, false or fraudulent; or 2. any claim in the form of a civil suit against you that seeks injunctive relief (meaning a temporary restraining order or a preliminary or permanent injunction) for one or more of the acts listed in Insuring Clause 7.a. B. We shall have the right to make any investigation we deem necessary, including, without limitation, any investigation with respect to the application and statements made in the application and with respect to coverage. However, notwithstanding the above, your rights under this Policy shall not be prejudiced by any refusal to disclose the identity of any confidential source of information, or to produce any documentation or information obtained in the course of media activities in respect of which you have asserted a claim of reporter’s privilege or any other privilege regarding the protection of news- gathering activities. C. We have the right, at our discretion, to negotiate and settle any claim but will not enter into a settlement without your written consent. If you shall refuse to consent to any settlement or compromise we recommend which is acceptable to the claimant and you elect to contest the claim, our liability for any damages and claims expenses shall not exceed: 1. the amount for which the claim could have been settled, less the remaining Each Claim Deductible, plus the claims expenses incurred up to the time of such refusal; and VII. OUR OBLIGATIONS IN THE EVENT OF A CLAIM/CIRCUMSTANCE Page 17 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 2. 30% of any damages and claims expenses incurred after the date such settlement or compromise was recommended to you, with the remaining 70% of such damages and claims expenses to be borne by you at your own risk and uninsured; or 3. the applicable Limit of Liability, whichever is less. At that point we shall have the right to withdraw from the further defense thereof by tendering control of said defense to you. The portion of any proposed settlement or compromise that requires you to cease, limit or refrain from actual or alleged infringing or otherwise injurious activity, or is attributable to future royalties or other amounts that are not damages, shall not be considered in determining the amount for which a claim could have been settled. D. It is further provided that we shall not be obligated to pay any damages or claims expenses, or to undertake or continue defense of any suit or proceeding after the applicable Limit of Liability has been exhausted, or after deposit of the applicable Limit of Liability in a court of competent jurisdiction. E. In the event we make any payment under this Policy, we shall be subrogated to all of your rights of recovery therefore against any person, organization or other third party, and you shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. You will do nothing to prejudice such subrogation rights. Any amount recovered upon the exercise of such rights of subrogation shall be applied as follows: first, to the repayment of expenses incurred toward subrogation; second, to damages and/or claims expenses paid by us; and third, to the Deductible. Any additional amounts recovered shall be paid to you. We agree to waive our rights of recovery against any client of yours for a claim which is covered pursuant to this Policy if you had, prior to such claim, a written agreement in place to waive such rights. F. This Insurance shall apply in excess of and shall not contribute with: 1. any other insurance or indemnification available to you, whether such insurance or indemnification is collectible or uncollectible, whether such insurance is stated to be primary, pro rata, contributory, excess, contingent or otherwise, including, but not limited to, any project specific professional liability, contractors pollution liability and/or products and completed operations liability insurance; and 2. any self-insured retention or deductible portion thereof; unless such other insurance is written only as specific excess insurance over the Limit of Liability of this Policy. A. You may cancel this Policy with thirty days’ (30) notice by: VIII. CANCELLATION Page 18 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 1. surrendering a copy of the Policy to us; or 2. delivering to us written notice stating your desire to cancel the Policy and providing a date for cancellation. B. We may cancel this Policy by delivering to you at the address shown in the Declarations, written notice stating our intention to cancel the Policy with the reasons for cancellation. This written notice must be delivered to you not less than thirty days (30) prior to the proposed cancellation date. The effective date of cancellation stated in the notice shall become the end of the policy period. If you fail to pay a premium when due, then upon ten days’ notice to you, the Policy is cancelled at inception and no coverage will be provided by us. C. If this Policy is cancelled by you, we shall retain the pro rata portion of the premium as determined by the cancellation date, subject to a minimum amount of 30% of the annual premium. If this Policy is cancelled by us, we shall retain the pro rata portion of the premium as determined by the cancellation date. Payment or tender of any unearned premium by us shall not be a condition precedent to the effectiveness of cancellation. D. In the event of any claim or circumstance under this Policy, all premium shall be deemed as earned at the time of notice of such claim or circumstance, and we are not obligated to return any premium to you in the event of pursuant cancellation by you or us. This section applies in respect of Insuring Clauses 1-7 and 12: A. If this Policy is cancelled or non-renewed by us (except for non-payment of premium) or cancelled by you, then you shall have the right, upon payment of an additional premium calculated at that percentage shown in Item 7.(a) of the Declarations of the total premium for this Policy, to an extension of the coverage granted by this Policy with respect to any claim first made against you and reported in writing to us during the period of time set forth in Item 7.(b) of the Declarations after the end of the policy period, but only with respect to any act, error, omission, pollution condition or mold condition committed, performed or arising wholly on or after the Retroactive Date and wholly before the effective date of cancellation or non-renewal. B. As a condition precedent to your right to purchase an extended reported period, the total premium for this Policy, and any Deductible payments due, must have been paid. The right to purchase an extended reported period shall terminate unless written notice together with full payment of the premium for the extended reported period is given to us within thirty days (30) after the effective date of cancellation or non-renewal. C. At the commencement of the extended reported period, the entire premium shall be deemed fully earned, and in the event of you terminating the extended reported period for any reason, we shall not be liable to return to you any portion of the premium received. IX. OPTIONAL EXTENDED REPORTING PERIOD Page 19 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 D. The Limit of Liability for the extended reported period shall be part of, and not in addition to the Limit of Liability for the policy period, and is in no way increased by its purchase. We will have no obligation to defend you, or to pay any damages or claims expenses you become obligated to pay for any claim based upon, arising out of, attributable to or involving directly or indirectly: A. EXCLUSIONS APPLICABLE TO ALL INSURING CLAUSES 1. Criminal, Dishonest, Intentional, Fraudulent, Malicious, Wilful or Knowing Acts any criminal, dishonest, intentional, fraudulent, malicious, willful or knowing act, error or omission committed by you; however, this Policy shall apply to claims expenses incurred in defending any such claim alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against you, or admission by you, establishing such criminal, dishonest, intentional, fraudulent, malicious willful or knowing conduct, or a plea of nolo contendere or no contest regarding such conduct, at which time you shall reimburse us for all claims expenses incurred defending the claim, and we shall have no further liability for claims expenses. Provided, that this exclusion shall not apply to any claim based upon or arising from your unintentional breach of a written agreement to refrain from disclosing confidential or proprietary information in rendering or failure to render professional services or in the performance of or failure to perform contracting services. 2. Prior Knowledge, Prior Notice and Prior Acts any actual or alleged act, error, omission, occurrence, pollution condition or mold condition committed or arising prior to the inception date of this Policy; a. if any director, officer, principal, partner, insurance manager or any member of your risk management or legal department knew or could have reasonably foreseen, on or before the inception date, that such act, error, omission, occurrence, pollution condition or mold condition might be expected to be the basis of a claim; or b. in respect of which you have given notice of a claim or circumstance to the insurer of any other policy in force prior to the inception date of this Policy. 3. Insured versus Insured any entity or individual that qualifies as an Insured under this Policy as per Section XI. VV., provided, that this exclusion shall not apply to a claim by or on behalf of any of your clients who qualify as an Insured by virtue of Section XI. VV.7. 4. Ownership Interest and Outside Positions X. EXCLUSIONS Page 20 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 any of your activities as a trustee, partner, officer, director or employee of any employee trust, charitable organization, corporation, company or business other than your own, or any entity which: a. is operated, managed or controlled by you or in which you have an ownership interest which cumulatively exceeds fifteen percent (15%), or in which you are an officer or director; or b. operates, controls or manages you, or has an ownership interest of more than fifteen percent (15%) in you. 5. Discrimination, Humiliation, Harassment and Misconduct any actual or alleged discrimination, humiliation, harassment or misconduct because of age, color, race, sex, creed, national origin, marital status, sexual preference or orientation, religion, disability or pregnancy; provided, that this exclusion shall not apply to any claim based upon the Americans with Disabilities Act of 1990 (ADA), as amended, or the Fair Housing Act (FHA), or any state or local versions of those acts, and arising out of your rendering or failure to render professional services. 6. Contractual Liability the breach of any contractual obligation except: a. an express or implied duty to exercise a degree of care or skill as is consistent with applicable industry standards; or b. any liability that would exist in the absence of such contract. 7. Express Warranties, Representations, Guarantees and Promises the breach of any: a. express warranty or representation except for an agreement to perform within a reasonable standard of care or skill consistent with applicable industry standards; or b. guarantee or any promise including, without limitation, cost saving, cost of construction, maximum construction price, financing, profit, or return on investment, unless proximately caused by your negligent act, error or omission in rendering or failure to render professional services. 8. Faulty Workmanship the cost to repair or replace any faulty workmanship performed in whole or in part by you on any construction, erection, fabrication, installation, assembly, manufacture or remediation, including any materials, parts, labor or equipment furnished in connection with such repair or replacement. However, this exclusion does not apply if the faulty workmanship is proximately caused by your negligent act, error or omission in rendering or failure to render professional services. 9. Asbestos / Lead Based Paint Page 21 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 any asbestos or lead-based paint, or any materials containing asbestos or lead-based paint in whatever form or quantity; provided, that this exclusion does not apply to: a. any claim which is proximately caused by a negligent act, error or omission in rendering or failure to render professional services on or after January 1st 1990, or the Retroactive Date set forth in Item 6. of the Declaration s (whichever is later) by or on behalf of you; b. any claim arising out of any asbestos or lead abatement operations performed on behalf of you by a certified and insured asbestos and/or lead abatement subcontractor or subconsultant; c. any claim arising out of the inadvertent disturbance of asbestos or lead-based paint or materials containing asbestos or lead-based paint by or on behalf of you during the rendering of professional services or the performance of contracting services; or d. any claim which is covered pursuant to Insuring Clause 4.B. or 4.C. of this Policy. 10. Employers Liability and Workers’ Compensation a. bodily injury to you, including any of your employees or independent contractors, arising out of and in the course of their employment by you; or b. any obligation which you, or any carrier as your insurer, may be liable under any workers’ compensation, unemployment compensation or disability benefits law or similar law. 11. Products Liability the design or manufacture of any goods or products which are sold or supplied by you, or by others under license from you, provided that this exclusion shall not apply to; a. any claim arising from your professional services in the design of a good or product which is a custom design and replicated no more than five times; b. the design of any system or process which is a custom design, whereby the individual components or products might be replicated in nature, but the overall system or process is a one-off; c. any claim which is covered pursuant to Insuring Clause 4.A. of this Policy arising out of the fabrication, assembly or installation of any goods or products provided by you; d. any claim which is covered pursuant to Insuring Clause 2.B. of this Policy; or e. any claim which is covered pursuant to Insuring Clause 9 of this Policy. 12. Property Liability your ownership, rental, lease, maintenance, operation, use, repair, voluntary or involuntary sale, transfer, exchange, gift, abandonment or condemnation of any real or personal property, including personal or third party property in your care, custody or control, and without Page 22 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 limitation; automobiles, aircraft, watercraft and other kinds of conveyances; provided, that this exclusion does not apply to: a. any claim which is covered pursuant to Insuring Clause 4.A. of this Policy arising out of any property you have voluntarily or involuntarily sold, transferred, exchanged, given away or abandoned, or that has been condemned where you performed contracting services and you have never occupied, used, rented or leased such property; b. any claim which is covered pursuant to Insuring Clause 4.B. of this Policy; or c. any claim which is covered pursuant to Insuring Clause 10 of this Policy. 13. Property Damage to Your Work and Products any property damage under Insuring Clause 4.A., 5, 8 and 9: a. to work performed by or on behalf of you, or resulting from the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; or b. to any goods or products which are sold or supplied by you, or by others under license from you, resulting from such goods or products or any portion thereof. 14. Patent Infringement the actual or alleged infringement of patent or patent rights or misuse of patent. 15. Failure to Maintain Finance the advising or requiring of, or failure to advise or require, or failure to maintain or procure any financing or monies for the payment of any portion of any project, or of services or labor connected with any project. 16. Gypsum Board the specification, installation, purchase, use or construction of any building with gypsum board, drywall or other wall covering material that is alleged to have been contaminated with sulfur or any other toxic compound or contaminant. 17. Directors and Officers Liability any personal liability incurred by your senior executive officers when they are acting in that capacity or managing you, or arising from any statement, representation or information regarding your business contained within any accounts, reports or financial statements. 18. Employment Practices Liability any: a. employer-employee relations, policies, practices, acts, omissions, any actual or alleged refusal to employ any person, or misconduct with respect to employees; Page 23 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 b. acts or omissions committed by you which are in breach of, or are alleged to be in breach of any terms and conditions of an employment contract, whether express or implied; or c. actual or alleged theft or misappropriation of any trade secret by an employee from a former employer of theirs. 19. Unlawful Surveillance any actual or alleged eavesdropping, wiretapping, or unauthorised audio or video recording committed by you or by a third party on your behalf with the knowledge and consent of your senior executive officers. 20. Unsolicited Communications any actual or alleged violation of: a. the CAN-SPAM Act of 2003 or any subsequent amendments to that Act; b. the Telephone Consumer Protection Act (TCPA) of 1991 or any subsequent amendments to that Act; or c. any other law, regulation, or statute relating to unsolicited communication, distribution, sending or transmitting of any communication via telephone or any other electronic or telecommunications device. 21. Assault and Battery any bodily injury or property damage resulting from: a. assault or battery, whether or not caused or committed by, or at the direction of or negligence of you; b. the failure to suppress or prevent assault or battery by you; c. the failure to provide an environment safe from assault or battery, including but not limited to the failure to provide adequate security; d. the negligent employment, investigation, hiring, supervision, training or retention of any person; e. the use of force to protect persons or property; or f. the failure to secure medical treatment or care necessitated by any assault or battery. Assault or battery includes, but is not limited to, assault, battery, sexual abuse, sexual assault, sexual battery, sexual molestation, sexual harassment, intimidation, verbal abuse and any actual or threatened harmful or offensive contact between two or more persons. 22. Reprinting, Recall, Removal, Disposal, Withdrawal, Inspection, Repair, Replacement, Reproduction Costs and Expenses any costs or expenses incurred, or to be incurred by you or others for: Page 24 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 a. the reprinting, recall, removal or disposal of any media material, including any media or products containing such media material; or b. the withdrawal, recall, inspection, repair, replacement, reproduction, removal or disposal of: i. your work or products, including technology products and any products or other property of others that incorporates technology products; ii. work product resulting from or incorporating the results of technology- based services; or iii. any products or other property on which technology-based services are performed; provided, that this exclusion shall not apply to claims for the resulting loss of use of such media material or technology products, or loss of use of the work product resulting from such technology-based services. 23. Aircraft, Auto or Watercraft the ownership, maintenance, use or entrustment to others of any aircraft, auto or watercraft owned or operated by or rented or loaned to you. Use includes operation and loading or unloading. This exclusion applies even if the claims against you allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by you. This exclusion does not apply to: a. a watercraft while ashore on premises you own or rent; b. a watercraft you do not own that is: i. less than 26 feet long; and ii. not being used to carry persons or property; or c. parking an auto on, or on the ways next to, premises you own or rent, provided the auto is not owned by or rented or loaned to you. B. EXCLUSIONS APPLICABLE TO INSURING CLAUSES 2, 6 AND 7 ONLY 1. Business Risks any: a. inaccurate, inadequate or incomplete description of the price of goods, products or services; b. cost guarantees, cost representations, or contract price estimates of probable costs or cost estimates actually or allegedly being exceeded; c. failure of goods, products, or services to conform with any represented quality or performance contained in advertisements; or Page 25 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 d. actual or alleged gambling, contest, lottery, promotional game or other game of chance. 2. Licensing Fees and Royalty Payments any actual or alleged obligation to make licensing fee or royalty payments, including but not limited to the amount or timeliness of such payments. 3. Electrical and Telecommunications Failure and Malfunction and Force Majeure any: a. failure or malfunction of electrical or telecommunications infrastructure or services, unless under your operational control; or b. fire, flood, earthquake, volcanic eruption, explosion, lightning, wind, hail, tidal wave, landslide, act of God or other physical or force majeure event. 4. Antitrust any actual or alleged antitrust violation, restraint of trade, unfair competition, violation of the Sherman Antitrust Act, the Clayton Act, the Robinson-Patman Act, as amended, or any similar law or legislation of any state, province or other jurisdiction, false, deceptive or unfair trade practices, violation of consumer protection laws or false or deceptive or misleading advertisement. 5. Federal Trade Commission and Federal Communications Commission the Federal Trade Commission, the Federal Communications Commission, or any similar governmental entity, in such entity’s regulatory or official capacity. 6. Copyright and Trade Secret Infringement of Technology Products any actual or alleged infringement of copyright or misappropriation of trade secret arising out of or related to technology products. 7. Electromagnetic Fields and Radiation the existence, emission or discharge of any electromagnetic field, electromagnetic radiation or electromagnetism that actually or allegedly affects the health, safety or condition of any person or the environment, or that affects the value, marketability, condition or use of any property. 8. Delay in Delivery or Performance any delay in delivery or performance, or failure to deliver or perform at or within an agreed upon period of time. 9. Governmental Action any action or order of any domestic or foreign governmental authority or regulatory, administrative, law enforcement or judicial body to confiscate, intercept, monitor or analyze your computer systems or data, whether with or without your authorization. 10. Social Engineering the transfer of money, funds or securities, including those arising out of any social engineering event. Page 26 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 11. Betterment the need to improve, update, upgrade, repair, replace or restore any component of any computer system, or data stored on any computer system, to a level beyond that which existed prior to any privacy breach or network security event, unless recommended by a forensic investigator as necessary to return the functionality of any computer system to a level that existed prior to the privacy breach or network security event. 12. Activity Unrelated to a Breach the need to restore, repair or replace: a. any component of any computer system or the data stored therein, due to direct physical loss of or damage to the computer system that does not result from a privacy breach or network security event; or b. any mobile computer or device not owned, leased or licensed by you. C. EXCLUSIONS APPLICABLE TO INSURING CLAUSES 8, 9, 10 AND 11 ONLY 1. Expected or Intended Injury any bodily injury or property damage expected or intended from your standpoint. 2. Firearms and Weapons any bodily injury or property damage resulting from: a. the use or sale of firearms, weapons or ammunition; b. the failure to provide an environment safe from firearms or weapons, including but not limited to the failure to provide adequate security; or c. the failure to secure medical treatment or care necessitated by any use of firearms or weapons. 3. Liquor Liability any bodily injury or property damage for which you may be held liable by reason of: d. causing or contributing to the intoxication of any person; e. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or f. any statute, ordinance of regulation relating to the sale, gift, distribution or use of alcoholic beverages. 4. Mobile Equipment the use or transportation of any mobile equipment. 5. Land or Water Page 27 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 any damage to land or water within or below the boundaries of any land or premises presently, or at any time previously owned or leased by you, or otherwise in your care, custody or control. 6. Benefit Laws any failure by you to comply with the mandatory provisions of any law concerning workers’ compensation, unemployment insurance, social security, disability benefits or pension benefits. 7. Employee Benefit Program Advice any advice given to any person to participate or not to participate in any plan included in your Employee Benefit Program, or the failure of any investment to perform as represented by you. 8. Pollution any pollution condition. 9. Professional Services any act, error or omission in rendering or failing to render professional services. D. EXCLUSIONS APPLICABLE TO INSURING CLAUSE 11 ONLY 1. Injury on Normally Occupied Premises any bodily injury to a person injured on that part of premises you own or rent that the person normally occupies. 2. Workers’ Compensation and Similar Laws any person, whether or not an employee of yours, if benefits for the bodily injury are payable or must be provided under a workers’ compensation or disability benefits law or a similar law. 3. Athletic Activities any bodily injury to a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. 4. Injury to You any bodily injury to you, including but not limited to your employees and independent contractors. Wherever used in this Policy: A. Administration means: 1. handling records in respect of your employee benefit program; and XI. DEFINITIONS Page 28 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 2. effecting enrolment or termination of any employee’s participation in a plan included in your employee benefit program. B. Advertisement means any material which promotes your product, service or business. C. Application means all signed applications, including attachments and associated correspondence, and all other materials and information provided by you to us for the purposes of underwriting or issuing this Policy, or any policy of which this Policy is a direct or indirect renewal or replacement. D. Assumed under contract means liability assumed by you under a written hold harmless or indemnity agreement regarding the content of media material used in a media communication, but only with respect to acts for which insurance is afforded under Insuring Clause 7.a. E. Bodily injury means physical injury, sickness, disease or death of any person, and includes emotional distress or mental anguish whether or not accompanied by physical injury, sickness or disease. F. Breach notice law means any state, federal or foreign statute or regulation that requires notice to persons whose personally identifiable non-public information was accessed or may reasonably have been accessed by an unauthorized person. G. Circumstance means any fact, event or situation that could reasonably be the basis for a claim. H. Claim means a demand received by you: 1. for money or services including the threat or service of suit, or institution of arbitration proceedings; 2. threatening, or initiating suit seeking injunctive relief (meaning a temporary restraining order or a preliminary or permanent injunction); or 3. asking you to comply with any state statute governing notice of defects in construction. Multiple claims arising from the same or a series of related or repeated acts, errors, omissions, accidents, pollution conditions or mold conditions, or from any continuing acts, errors, omissions, accidents, pollution conditions or mold conditions shall be considered a single claim for the purposes of this Policy, irrespective of the number of claimants or insureds involved in the claim. All such claims shall be deemed to have been made at the time of the first such claim. I. Claims expenses means: 1. reasonable fees charged by any attorney designated by us, or selected by you and agreed to by us; 2. all other fees, costs and expenses resulting from the investigation and defense of a claim incurred by us, or by you with our prior written consent, including any premiums for appeal bonds. Claims expenses shall not include any: 1. salaries or overheads incurred by you; 2. costs relating to any supervisory counsel retained by you; or Page 29 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 3. costs incurred by you to remediate any potential claim under this Policy without our prior written consent. The determination by us as to the reasonableness of claims expenses shall be binding on you. J. Cleanup costs means reasonable and necessary costs, charges and expenses incurred with our prior written consent in the investigation, removal, neutralization and/or remediation of a pollution condition. Cleanup costs will not include improvements or betterments to third party property, or costs that exceed the actual cash value of such property. K. Completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of contracting services performed by you or by any person, including an independent contractor, for whom you are legally responsible, except work or services that have not yet been completed or have been abandoned. However, work or services will be deemed completed at the earliest of the following times: 1. when all of the work or services called for in your contract have been completed; 2. when all of the work or services to be done at a job site have been completed if your contract calls for work or services at more than one job site; or 3. when that part of the work or services done at a job site have been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work or services that may need service, maintenance, correction, repair or replacement, but which are otherwise complete, will be treated as completed. L. Computer systems means computers and associated software, input and output devices, data storage devices, networking equipment and back up facilities: 1. operated by and either owned by or leased to you; or 2. operated by a third party service provider and used for the purpose of providing hosted computer application services to you, or for processing, maintaining, hosting or storing your electronic data or electronic data belonging to a third party which is in your care, custody or control, pursuant to a written contract for such services between you and the third party service provider. M. Contracting services means the performance of construction, erection, fabrication, installation, assembly, manufacturing, drilling, operation and/or maintenance services, or remediation activities by or on behalf of you. N. Damages means: 1. compensatory sums; 2. monetary judgments, award or settlements; 3. pre-judgment and post-judgment interest; or Page 30 of 47 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: 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 COMPENSATIONAND 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 RENTEDCLAIMS-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 AGGJECT 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 LIMITDESCRIPTION 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.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/1/2021 (714) 505-5550 (714) 975-8966 19445 SouthStar Engineering & Consulting, Inc. 1945 Chicago Avenue Suite C-2 Riverside, CA 92507 42390 5,000,000A EBU014789997 8/25/2021 8/25/2022 5,000,000 0 5,000,000 B E&O Per Claim/Agg SOPL261373 9/18/2021 Ded$50,000 Per Claim 3,000,000 Project #: CIP 13-03 Holland Road Overpass Project Excess Liability policy is follow form to underlying General Liability, Business Auto and Worker's Compensation policies. City of Menifee 29844 Haun Road Sun City, CA 92586 SOUTENG-05 GLORIAZIMMERMAN NFP Property & Casualty Services, Inc.1551 North Tustin AvenueSuite 500Santa Ana, CA 92705 Gloria Zimmerman National Union Fire Insurance Company of Pittsburgh, PA AmGUARD Insurance Company Products Comp 9/18/2022 X X X DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. NFP Property & Casualty Services, Inc. SOUTENG-05 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 SouthStar Engineering & Consulting, Inc.1945 Chicago AvenueSuite C-2Riverside, CA 92507SEE PAGE 1 GLORIAZIMMERMAN 1 NFP Disclaimer The attached Certificate of Insuance is provided as part of our service to our client, the insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and/or conditions of the underlying contract between the Certificate Holder and the insured due to the Insurance Company's insuring conditons, limitations, exclusions and other terms. If you have questions, please contact the undersigned. NFP Property & Casualty Services, Inc. CA License OF15715 1551 N. Tustin Avenue, Suite 500 Santa Ana, CA 92705 Telephone: 714-505-5550 FAX: 714-975-8966 DocuSign Envelope ID: FD9298FF-3696-4C49-86C2-C65FBACFA9C1