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2021/07/09 Gary F. Hoyt Landscape Arch, Inc. (3)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 THISCERTIFICATE 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 belowIf 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 HIREDAUTOS ONLY 5/25/2022 Cavignac451AStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-744-0574 619-234-8601 certificates@cavignac.com Travelers Property Casualty Company of America 25674 GARYFHO-01 Travelers Indemnity Co of Conn 25682GaryFHoytLandscapeArchIncMr.Gary Hoyt12888Francine TerracePowayCA92064 634064276 B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X X Y 6802J877594 7/9/2021 7/9/2022 2,000,000 B Included X X X INCL IN GL Y 6802J877594 7/9/2021 7/9/2022 A XUB7K1814457/9/2021 7/9/2022 1,000,000 1,000,000 1,000,000 Re:FY 2022-23 On-Call Landscape Design and Inspection Services.Additional Insured coverage applies to General Liability and Automobile Liability for City ofMenifee,its officers,agents and employees per policy form. City of Menifee29995EvansRoadMenifeeCA92586 DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Policy Number: 6802J877594DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Policy Number: 6802J877594DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 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 THISCERTIFICATE 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 belowIf 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 HIREDAUTOS ONLY $ $ 7560 University Ave., Ste. C Erickson Insurance Agency, Inc. Cert ID 14484 29844 Haun Road New Hampshire Insurance Company 23841 01/04/2022 12888 Francine Terrace Professional Liability sabrina@erickson-inc.com YA Sabrina N Soto La Mesa CA 91942 Menifee CA 92586 Poway CA 92064 (619) 337-9980 (858) 486-6582 1,000,000 City of Menifee RE: All operations. Additional Insured Coverage applies to Professional Liability for City of Menifee, and it's elected and appointed boards, officers, agents and employees per policy form. *10 Days notice for non-payment of premium/30 days all other GFH Landscape Architecture Ea Occurrence11/16/202211/16/2021064990763-06 064990763-06 11/16/2021 11/16/2022 Aggregate 1,000,000AYProfessional Liablity Page 1 of 1 DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 80666 (8/02) NEW HAMPSHIRE INSURANCE COMPANY Administrative Office 175 Water Street New York, NY 10038 COVERAGE IS PROVIDED BY A CLAIMS-MADE POLICY - READ THE POLICY CAREFULLY PROFESSIONAL LIABILITY INSURANCE POLICY DESIGN PROFESSIONALS ASSOCIATION RISK PURCHASING GROUP POLICY DECLARATIONS 1.Insured/Participating Member Policy Number: 064990763-06 Name & Mailing Address:DPA Member No.: 1625228 GFH Landscape Architecture/Gary F. Hoyt Land. Arch., Inc. 12888 Francine Terrace Poway, CA 92064 Sole Proprietor Partnership X Corporation or 2.Policy Period: 11/16/2021 to 11/16/2022 12:01 a.m. Standard Time, at the Insured's mailing address 3.Retroactive Date: 11/16/1993 4.Limits of Insurance:$1,000,000 per occurrence / $1,000,000 annual aggregate 5.Deductible:$5,000 6.The policy includes these endorsements and schedules: See Schedule of Forms 7.Premium:$1,805 These Declarations with the Professional Liability Insurance Policy referenced above and endorsements, if any, issued to form a part thereof, comprise the complete policy. Name of Agent: Erickson Insurance Agency, Inc Address:7560 University Ave., Suite C La Mesa, CA 91942 By:_____________________________ Authorized Representative DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 Contract Reviews • Upon binding an A&E policy through us, you are eligible to receive two Contract Review evaluations per policy year with Donovan Hatem LLP, one of the nations leading construction defense law firms. • Complex contracts are a way of life for design and construction industry professionals. They may also be a source of significant legal exposure. These attorneys propose agreements between the policyholders firm and prospective clients. Scope of services, limitations of liability and insurance provisions contained in the proposed contract are carefully analyzed and recommendations are made to optimize terms and mitigate potential exposures • Fast turn-around, typically less than 48 hours, is emphasized to accommodate bidding deadlines Your A&E Professional Liability Quote New Hampshire Insurance Company, an AIG member company, is proud to offer you an A&E quote. As you know, in today’s volatile business and legal environment, design professionals must proactively manage their operations to limit exposures. To help you manage your risk, we have compiled a comprehensive package of risk management services you may wish to utilize. The following is a summary of these important services available to you. Robust services combine our risk management specialists and senior claims examiners with the expertise of leading construction defense attorneys. Please contact your broker or agent if you would like additional information about these services or have questions about the insurance coverage afforded by this policy. Risk Management Seminars and Claims Management Services • Acting appropriately before a situation erupts in to a costly claim is critical to avoid a claim or mitigate damage when a claim does occur. We provide policyholders immediate access to legal counsel. • Assistance can be in the form of responding to notifications of contractor or third party claims that may implicate the policyholders performance; advising on information requests served by subpoena; correspondence questioning professional performance. • Pre-claim prevention services will be limited to $1,000 per policy year How it Works • Risk management seminars, presented by legal experts in the construction/design field are customized to address particular concerns of our policyholders. Seminars may be conducted in regional locations, at insureds facility or at trade association events. • In conjunction with our staff of dedicated and specialized A&E claims examiners, leading construction law firm attorneys work closely with our policyholders to ensure an efficient and effective claims process and strategy. The legal professionals provide independent counsel with the singular aim of protecting the interests of our policyholders. American International Group, Inc. (AIG) is a leading global insurance organization. AIG member companies provide a wide range of property casualty insurance, life insurance, retirement solutions, and other financial services to customers in more than 80 countries and jurisdictions. These diverse offerings include products and services that help businesses and individuals protect their assets, manage risks and provide for retirement security. AIG common stock is listed on the New York Stock Exchange. Additional information about AIG can be found at www.aig.com | YouTube: www.youtube.com/aig | Twitter: @AIGinsurance www.twitter.com/AIGinsurance | LinkedIn: www.linkedin.com/company/aig. These references with additional information about AIG have been provided as a convenience, and the information contained on such websites is not incorporated by reference herein. AIG is the marketing name for the worldwide property-casualty, life and retirement, and general insurance operations of American International Group, Inc. For additional information, please visit our website at www.aig.com. All products and services are written or provided by subsidiaries or affiliates of American International Group, Inc. Products or services may not be available in all countries and jurisdictions, and coverage is subject to underwriting requirements and actual policy language. Non-insurance products and services may be provided by independent third parties. Certain property-casualty coverages may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in state guaranty funds, and insureds are therefore not protected by such funds. © American International Group, Inc. All rights reserved. 01/21 DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 ADDENDUM TO THE DECLARATIONS By signing below, the President and the Secretary of the Insurer agree on behalf of the Insurer to all the terms of this Policy. Robert Schimek Tanya Kent PRESIDENT SECRETARY Granite State Insurance Company The Insurance Company of the State of Pennsylvania Illinois National Insurance Co. New Hampshire Insurance Company American Home Assurance Company National Union Fire Insurance Company of Pittsburgh, Pa. Commerce and Industry Insurance Company This Policy shall not be valid unless signed at the time of issuance by an authorized representative of the Insurer, either below or on the Declarations page of the Policy. Ethan D. Allen AUTHORIZED REPRESENTATIVE COUNTERSIGNATURE DATE COUNTERSIGNED AT 78711 05 13 DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 Form Name Form Edition No Schedule of Forms Named Insured GFH Landscape Architecture/Gary F. Hoyt Land. Arch., Inc. Policy No:064990763-06 New Hampshire Insurance Company Professional Liability Insurance Policy Declarations 80666 (08/02) A&E Highlights Sheet 01-21 Addendum to the Declarations 78711 (05/13) Schedule of Forms Forms Professional Liability Insurance Policy Claims Made Coverage 80667 (08/02) Change to Insurer’s Address Notice Endorsement 141581 Economic Sanctions Endorsement 119679 Important Notice 80766 (08/02) Forms DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 © 1997-2002 Design Professionals Association Risk Purchasing Group, Inc. All rights reserved. 80667 (8/02) 1 New Hampshire Insurance Company 175 Water St., 18th Floor New York, NY 10038 PROFESSIONAL LIABILITY INSURANCE POLICY DESIGN PROFESSIONALS ASSOCIATION RISK PURCHASING GROUP, INC. CLAIMS MADE COVERAGE This Policy, together with the Declarations issued herewith, sets forth the terms of the professional liability insurance program for members of the Design Professionals Association Risk Purchasing Group, Inc. Please read the entire policy carefully to determine your rights, duties, and what is and is not covered. Throughout this policy the words "you," "your," and "insured" refer to the participating member shown in the Declarations and any other person or entity qualifying as an Insured under this policy. The words "we," "us," "our" and "Company" refer to the Company providing the insurance. The words and phrases in BOLD PRINT are defined in Section VII of this policy. SECTION I - COVERAGE AGREEMENTS A. We will pay those sums in excess of the Deductible that you become legally obligated to pay as damages for wrongful acts arising out of your professional services to which this policy applies. B. We have the right and duty to defend any claim seeking damages. We may at our discretion investigate any occurrence and, subject to your consent as provided in Section VI.C., settle any claim that may result. The most we will pay for damages and claim expenses is shown on the Declarations and described in LIMITS OF INSURANCE AND DEDUCTIBLE, Section IV. Our right and duty to defend ends when we have exhausted the applicable limit of insurance in the payment of claim expenses, damages, judgments or settlements. C. This insurance applies only to claims that meet each of the following: 1. The claims are first made against you during the policy period and reported to us not later than 60 days after the end of the policy period or first made against you and reported to us during any extended reporting period provided in Section V; 2. The claims arise out of your professional services performed after the retroactive date but prior to the end of the policy period, provided you did not know nor reasonably should have known of the claims prior to the beginning of the policy period shown in the Declarations; and 3. The claims are made in the coverage territory. D. LIMITED CONTRACTUAL LIABILITY. This insurance applies to contractual liability arising from your professional services only to the extent of damages for which you would have been found legally liable, due to a wrongful act, in the absence of the contract. DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 © 1997-2002 Design Professionals Association Risk Purchasing Group, Inc. All rights reserved. 80667 (8/02) 2 SECTION II. EXCLUSIONS Coverage does not apply to and we will not defend or pay for claims and claim expenses alleging, involving, or arising out of, directly or indirectly: A. Acts, errors or omissions which are not in connection with the customary or usual performance of your professional services; B. Assumption of liability under any contract or agreement, whether written or oral, express or implied, including, but not limited to, hold harmless and indemnity clauses, warranties, guarantees, certifications, or penalty clauses. This exclusion does not apply if you would have been found legally liable in the absence of that contract or agreement due to a wrongful act; C. Advice concerning insurance, requiring insurance, or the failure to advise concerning or requiring any form of insurance, surety or bond; D. Actual or alleged discrimination because of race, color, national origin, religion, sex, sexual orientation, age or disability, and sexual harassment against others, including but not limited to past or present employees, officers or applicants for employment; E. Design of any habitational structures by you; F. Design or manufacture of any goods or products which are sold or supplied by you, or by others under license from you including software products; G. Providing or failing to provide loss control services including supervision of job site safety; H. Failure or refusal by a client to pay all or any part of your fee, or failure by you to pay any fee due to your consultants; I. Damages typically insured under general liability policies with professional services exclusions; J. Damages or injuries sustained by any employee of yours arising out of and in the course of that person's employment by you, or for obligations for which you or any insurer may be held liable under any workers' compensation, unemployment compensation, disability benefit law, or under similar laws; K. Dishonest, fraudulent, or criminal acts or omissions, or those of a knowingly wrongful nature committed intentionally by or at the direction of you or any insured, whether or not damage was intended to result; L. The conduct of any entity, past or present, of which you are or were an employee, partner, officer, owner, shareholder, or principal, including the development or sale of any real estate project in which you have or had such an interest, unless such entity is designated in this Policy by endorsement or on your Declarations as a participating member; M. Claims against you by any entity which is wholly or partly owned, operated or managed by you, or which has any ownership, managerial or operational control over you, or an entity in which you are an officer, partner or director; DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 © 1997-2002 Design Professionals Association Risk Purchasing Group, Inc. All rights reserved. 80667 (8/02) 3 N. Fines, liquidated, multiple, or punitive damages or penalties assessed against you. The punitive damages exclusion shall not apply where the insurance authority with jurisdiction over this type of insurance prohibits such exclusion; O. Environmental Site Assessments other than "Phase 1, Environmental Site Assessment" as solely defined in the American Society for Testing and Materials (ASTM) Book of Standards at the time of the acts or conduct giving rise to the claim; P. Any contract, document, plan, specification, report, study, proposal, drawing, professional services, or other work product which was entered into, stamped, dated, performed, or presented prior to the retroactive date, unless specifically named and endorsed as covered; Q. The expense of repair or replacement of faulty workmanship on any construction, installation, or remediation provided by you, including all equipment and materials; R. Any loss, cost or expense arising out of any pollution resulting from: 1. The actual or alleged discharge, dispersal, seepage, migration, release, escape, transportation, storage or disposal of pollutants; 2. Contaminants, toxic elements, toxic items or pollution on or from any property presently or previously owned, utilized or rented by you; 3. Any pollution alleged or occurring outside the United States including its territories and possessions; 4. However, this exclusion does not apply to claims or related expenses resulting from wrongful acts in connection with storm water drainage systems for which you may be liable. S. The specification, installation, removal, transportation or abatement of any product, material or process containing asbestos; failure to detect or advise of the existence of asbestos; performance or failure to perform professional services of any kind concerning asbestos; the foregoing applying anywhere in the world, whether by you or on your behalf, or by others for which you may be liable including subcontractors and venture partners; T. Nuclear materials, byproducts, spent fuel, radiation or contamination, under any circumstances and regardless of the source of cause. SECTION III. WHO IS AN INSURED A. If you are designated in your Declarations as: 1. An individual: you and your spouse are insureds, but only with respect to the conduct of a business performing professional services for which you are the sole owner; 2. A partnership or joint venture: you, your members, your partners, and their spouses are insureds, but only with respect to the conduct of your business performing professional services; 3. An organization other than a partnership or joint venture: you, your executive officers and directors are insureds, but only with respect to your and their duties of performing professional services. Your stockholders are also insureds, but only with respect to their liability resulting from such organization performing professional services. DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 © 1997-2002 Design Professionals Association Risk Purchasing Group, Inc. All rights reserved. 80667 (8/02) 4 B. Each of the following is also an insured: 1. Your employees, including temporary personnel while under your direct supervision, other than your executive officers, but only for acts within the scope of their employment by you performing professional services; 2. Your legal representative if you die, but only with respect to his duties as such. That representative will have all your rights and duties under this Policy. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a participating member in your Declarations or by endorsement. SECTION IV. LIMITS OF INSURANCE AND DEDUCTIBLE A. The Limits of Insurance shown in the Declarations and described below are the most we will pay for damages and claim expenses regardless of the number of insureds, claims, or individuals or entities making claims, subject to the following: 1. The each occurrence limit is the most we will pay for damages and claims expenses for any one claim or occurrence. 2. The aggregate limit is the most we will pay for the sum of all claims made or occurrences reported during the policy period and any extended reporting period. B. DEDUCTIBLE. The Limits of Insurance apply in excess of the Deductible shown in your Declarations: 1. Our obligation to pay damages or claims expenses for any claim applies only to the amount of such damages and claim expenses in excess of the Deductible. . 2. The limits of insurance shall not be reduced by the application of the Deductible amount. 3. You agree to promptly reimburse us for any part or all of the Deductible amount we may pay to effect settlement of any claim. C. For purposes of Limits of Insurance and Deductible, one or more claims arising out of a wrongful act or related wrongful acts will be considered a single claim and will be included within the earliest claim related to that wrongful act or related wrongful acts. D. REIMBURSEMENT. In addition to the Limits of Insurance , we will pay your actual loss of earnings for your attendance, at our request, at a trial, hearing, deposition, arbitration, or mediation related to a covered claim, subject to the following: 1. We will not pay for the first three days attendance per claim; 2. We will not pay more than $250 per day per claim or $2000 aggregate for all claims made during the policy period; 3. The Deductible obligation does not apply to this reimbursement. SECTION V. EXTENDED REPORTING PERIOD An extended reporting period of up to five years is available, but only by endorsement requested in writing within 30 days after expiration of the policy period, for an extra charge, and subject to underwriting acceptance and the following: A. The extended reporting period applies only to claims made and reported during the extended reporting period arising from wrongful acts occurring after the retroactive date but before the end of the policy period. DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 © 1997-2002 Design Professionals Association Risk Purchasing Group, Inc. All rights reserved. 80667 (8/02) 5 B. The extended reporting period is subject to the terms of the endorsement and does not extend the policy period, change the scope of coverage provided, or reinstate or increase the Limits of Insurance. SECTION VI. CONDITIONS A. BANKRUPTCY Bankruptcy or insolvency of an insured or of an insured's estate will not relieve us of our obligations under this Policy. B. DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT 1. You must see to it that we are promptly notified in writing of an occurrence which may result in a claim. If you, during the policy period, give us written notice of (a) how, when, and where the occurrence took place in narrative form; (b) the name and address of all injured persons and witnesses; and (c) the nature and location of any injury or damage arising out of the occurrence; then any claim that may subsequently be made against you arising out of such occurrence shall be deemed to have been made on the date we received written notice of the occurrence. Notice of an occurrence is not notice of a claim. 2. If a claim is received by an insured you must: (a) Immediately record the specifics of the claim and the date received; and (b) Notify us promptly . 3. You and any other involved insured must: (a) Immediately send us copies of any and all documents, demands, notices, summonses or legal papers received in connection with the claim or a suit; (b) Cooperate with us in the investigation, settlement or defense of the claim or suit; (c) Attend meetings when requested for the purpose of investigation, defense or settlement; (d) Promptly take all reasonable steps to prevent other damage or injury arising out of the same claim; and (e) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to an insured because of injury or damage to which the insurance may also apply. 4. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than first aid, without our consent. Any expense incurred by an insured for the foregoing is not recoverable under this policy nor chargeable to the Deductible. C. INSURED'S CONSENT We will not settle any claim without your consent. However, our liability for any claim for which you unreasonably withheld consent to a settlement recommended by us will not exceed the amount for which the claim could have been settled plus claim expenses up to the date you withheld your consent. D. MEDIATION CREDIT For any claim resolved through voluntary mediation process pre-approved by us, your deductible obligation will be reduced by 50% subject to a maximum reduction of $10,000. Arbitration and litigation are not included within the meaning of mediation. E. EXAMINATION AND AUDIT You agree to allow us to examine and audit your financial books and personnel records that relate DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 © 1997-2002 Design Professionals Association Risk Purchasing Group, Inc. All rights reserved. 80667 (8/02) 6 to this policy. We may do this at any time during the policy term or any extensions thereof and up to three (3) years after the end of the policy term or any extensions thereof. F. LEGAL ACTION AGAINST US No person or organization has a right under this policy: 1. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or 2. To sue us on this policy unless all of its terms have been fully complied with by you. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance. An agreed settlement means a settlement and release of liability signed by us, an insured and the claimant or the claimant's legal representative. G. OTHER INSURANCE If you have other insurance which applies to a claim covered by this insurance policy, the other insurance is primary and must pay first. Under such circumstances this insurance policy is excess and applies to that portion of the claim that exceeds the other policy's available limit of liability. When this insurance is excess, we will have no duty to defend any claim or suit that any other insurer has a duty to defend. If no other insurer defends we will undertake to do so, but we will be entitled to an Insured's rights against all those other insurers. H. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If an insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. I. CANCELLATION Notwithstanding other provisions of this policy, coverage under this policy may be canceled by the insured named in your Declarations (“Named Insured”) by giving written notice to us stating when thereafter such cancellation shall be effective. We can cancel this coverage by giving written notice to the Named Insured 10 days prior to cancellation if the cancellation is due to nonpayment of premium and 60 days prior to cancellation if the cancellation is for any other reason. The mailing of such notice of cancellation shall be sufficient notice of cancellation and this coverage shall terminate at the date and hour specified in such notice. If cancellation shall be ordered by the Named Insured, we will retain the customary short rate proportion of the premium. If this coverage is canceled by us, we shall retain the pro rata proportion of the premium. Payment of any unearned premium by us shall not be a condition precedent to the cancellation, but such payment shall be made as soon as practicable. J. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to the Named Insured, this insurance applies: 1. As if each insured were the only insured; and 2. Separately to each insured against whom claim is made or suit is brought. K. REPRESENTATIONS By accepting this policy, you agree: 1. The statements in your application and Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; 3. You are a member in good standing of the Design Professionals Association; 4. You have purchased and are keeping in force without lapse comprehensive general liability insurance; and 5. We have issued this coverage in reliance upon your representations. DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 © 1997-2002 Design Professionals Association Risk Purchasing Group, Inc. All rights reserved. 80667 (8/02) 7 L. TRANSFER OF COVERAGE This coverage shall be void if assigned or transferred without our written consent. If an insured shall die or be adjudged incompetent, this coverage will protect the insured's legal representative as the insured with respect to claims previously reported and covered. M. CHANGES None of the provisions of this policy will be waived, changed or modified except by written endorsement issued by us to form a part of this policy. N. CONFORMITY TO STATUTES Any term of this policy which is in conflict with any statutes of the state in which this policy is issued is hereby amended to conform to such statutes. SECTION VII. DEFINITIONS The words defined in this section apply as if the definition was included in each place where the defined word appears. CLAIM means a demand received by an insured, whether written or oral for money or services, or a demand for arbitration proceedings, arising out of an occurrence or alleged occurrence involving a wrongful act. CLAIM EXPENSE means fees and expenses charged by an attorney we designate and all other fees, costs and expenses incurred by us and resulting from the investigation, adjustment, defense and appeal of a claim, or fees and expenses charged by any attorney designated by you; if you have first obtained our written consent to designate the attorney. Claim expense shall not include any part of the salaries of our employees, our overhead, ordinary travel expenses, or other ordinary costs incurred in connection with our business. CLAIMS MADE means a claim that is first made against you during the policy period and reported to us not later than 60 days after the end of the policy period. COVERAGE TERRITORY means worldwide provided the claim is made and suit or other proceeding is brought within the United States of America, its territories and possessions. DAMAGES means compensation for loss or injury (including death) to person or property, including compensation for bodily injury, property damage, personal injury, economic or consequential damage, but does not include fines, penalties or the return, withdrawal or reduction of professional fees. EXTENDED REPORTING PERIOD means an additional specified period of time within which an insured may report a claim arising out of an occurrence after the retroactive date but before the end of the policy period. (See Section V) HABITATIONAL STRUCTURES means any structure intended for occupancy or any structure intended for commercial or business purposes. MEDIATION means voluntary non binding negotiation by a neutral, third party pre-approved by us. OCCURRENCE means a professional act, error or omission by you arising out of the performance of your professional services from which you reasonably could expect a claim against you to be made. DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 © 1997-2002 Design Professionals Association Risk Purchasing Group, Inc. All rights reserved. 80667 (8/02) 8 PARTICIPATING MEMBER means a member in good standing of the Design Professionals Association. PHASE 1 ENVIRONMENTAL SITE ASSESSMENT means a process by which you identify certain site conditions in connection with real property. This process includes historical record review, physical site reconnaissance, interview(s) with present and past owners, occupants and local officials followed by a written report with documentation supporting the site findings. The Phase 1 Environmental Site Assessment DOES NOT INCLUDE ANY SAMPLING OR TESTING of noise or any materials, including but not limited to soil, water, air and building materials. The definition of the Phase 1 Environmental Site Assessment shall be the definition contained in the American Society for Testing and Materials (ASTM) Book of Standards. POLICY PERIOD means the period of your coverage under this policy as stated in your Declarations. Policy period does not include any extended reporting period. PROFESSIONAL SERVICES means those services you are legally qualified to perform for others in your capacity and practice as a landscape architect, landscape designer, planner, irrigation designer, consulting arborist or other professions as specifically defined by endorsement to this policy. Those services generally include designs, plans, plant specifications, elevations, offering opinions, making recommendations, specifications, planning, studies, environmental and economic impact opinions, reports, evaluations, impact analysis, audits, Phase 1 Environmental Site Assessments and expert testimony. POLLUTANTS means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and wastes. Waste includes materials to be recycled, reconditioned or reclaimed. POLLUTION means the actual, threatened or alleged discharge, dispersal, seepage, migration, release or escape of pollutants. RETROACTIVE DATE means the date shown on your Declarations. This date reflects the first date you and your professional services are insured under this Policy. STORM WATER means run-off water as a direct result of precipitation. WRONGFUL ACT means a negligent act, error or omission, by you (for which you are legally liable) arising out of the performance of or failure to perform professional services and occurring after the retroactive date but prior to the end of the policy period. DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 119679 (9/15)Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 11/16/2021 12:01 A.M. forms a part of Policy No. 064990763-06 issued to GFH Landscape Architecture/Gary F. Hoyt Land. Arch., Inc. By: New Hampshire Insurance Company ECONOMIC SANCTIONS ENDORSEMENT This endorsement modifies insurance provided under the following: Coverage shall only be provided and payment of loss under this policy shall only be made in full compliance with enforceable United Nations economic and trade sanctions and the trade and economic sanction laws or regulations of the European Union and the United States of America, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"). Authorized Representative DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 80766 (8/02) IMPORTANT NOTICE In the event you need to contact someone about this policy for any reason, please contact Leatzow Insurance at 800-978-7100 or 312-930-5556. If you have an inquiry, would like to obtain additional coverage information, or need assistance in resolving a complaint, please contact Leatzow Insurance at the numbers shown above. You may also call New Hampshire Insurance Company directly at the following telephone number: 212-458-5000 When contacting Leatzow Insurance or New Hampshire Insurance Company, please have your policy number available. This notice is for information only and does not become a part or condition of the attached document. DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110 141581 (4/21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT This endorsement, effective 11/16/2021 12:01 A.M. forms a part of policy No. 064990763-06 issued to GFH Landscape Architecture/Gary F. Hoyt Land. Arch., Inc. by: New Hampshire Insurance Company CHANGE TO INSURER’S ADDRESS Please be advised that all references to the address 175 Water Street, New York, NY 10038 contained in the Policy, Policy Declarations, riders, endorsements, and Policy notices are hereby deleted in their entirety and replaced with the following: 1271 Ave of the Americas FL 37, New York, NY 10020-1304 All other terms and conditions of the Policy remain the same. ________________________________ AUTHORIZED REPRESENTATIVE DocuSign Envelope ID: 099714A1-4096-4254-8F6D-F11D4EF24110