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2023/02/01 RailPros Field Services, Inc..A<:tC)Eln-CERTIFICATE OF LIABILITY INSURANCE OATE(MM/DD/YYYY) o2a1/2023 THIS CEBTIFICATE IS ISSUEO AS A MATTER OF INFOBMATION ONLY ANO CONFEFS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE OOES NOT AFFIRMATIVELY OB NEGATIVELY AMEND, EXTEND OB ALTER T}IE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF IT{SURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO T}IE CERTIFICATE HOLDER. IMPORTANT: It the certificats holder ls an AODITIONAL INSURED, ths policy(los) must havs ADDITIONAL INSUBED provisions oi be endorsed. ll SUBROGATION lS WAIVED, subiscl to the tsrms and conditions of tho policy, certain policles may requirg an endorsement. A statement on this corlificato doos not conter rights to the certificate holder in llou ol such ondo,som6nl(s). PFODT'CEF aon Risk 5€rvices Southwest, Inc Da]'las Tx offi(€ 5005 Lyndon B Johnson Fre€way sui te 1500 Da] las TX 75244 USA (856) 283- 7122 (800) 363-0105 ADDRESS: INSUFEF(S} AFFOFDING COVEFAGE INSUFED Rai l Pros Field services, Inc 1120 Greenway or, suite 490lrvi nq Ix 75018 usA rNsuFEnAr North anerican capacity Ins co 25038 tNsuaEFa: valley Forg€ Insurance Co 20508 tNsuaEFc: National Fire Ins. Co. of Hartford 20478 tNtuBEFO: The COntinental Insurance Company 35289 tM,uFEn E: Transportation Insurance co,20494 TNIUFEn F: al'lied world Surp'lus Lines Insurance Co 24lt 9 c ! ! oI oz 'a o COVERAGES CERTIFICATE NUMBER: 570097655815 REVISION NUMAER: rr.iii* w.4THIS IS TO CEBTIFY THAT THE POLICIES OF INSURANCE LISTEO EELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING ANY REOUIREMENT. TERM OF CONDITION OF ANY CONTRACT OR OTHEB DOCUMENT WITH FESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF MAY PERTAIN. THE INSUFANCE AFFOROEO BY THE POLICIES DESCRISEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH PoLlclEs LlMlTs sHowN MAY HAVE SEEN REOUCEO BY PAIO CLAIMS. Ltnit3 .hown 610 .s rcquost6d LIMITS COMIIIE FCIAL OENEBAL LIABILITY CLAIMS.MAOE OCCUF GEN'L AGGR€GA-TE L|MIIAPPLIES PEB POt-acY OTHER: JECT LCrC 7012207945 at/9!/ 2lJ2 ot/ol/ zlJ24 EACIIOCCUFFENCE $1,000,000 PREMISES (Ea ecun6m6l $r,000,000 MEO EXP (Any ono p66onl J ls , 000 PERSONAL A AOV INJIJRY t 1,000,000 GENEFAL AGGFEGAIE s2,000.o00 PFOOL'CTS - COMPTOP AGG t2,000,000 a AUTOMOBII.E LIABILITY ol,{NED SCHEDULEO AUTOS NON-OWNEO AUTOS ONIY AUTOS ONLY 70t2207931 02/01/2023 02/ot/2o24 COMBINED SINGLE LIMIT t1,000,000 BOOILY ll'oUFY (Pd poEo.) BOOILY INJUFY {Por aedonQ $1,000 D TJiIIEFELLA LIAB EXCESS UAA OCCUF 70L2207900 sr8 arplies per policy ter 02/ot/2023 is & condi 02/oL/2O24 :ions EACII OCCUANEIlCE s10, o00,000 110,o00,000 OED ETENT ON D E WoFKEFS CO PET{liAfl Ol{ Al{D EitPt"ovEFs UAEtLttY AIIY PROPRIETOR/ PAFTNEB T EXECUIIVE OFFICEfu MEMAER EXCLIJDED? DESCHIPT0N oF oPERAT IONS b6|d 70L22O7928 ao5 70122079L{ CA 02/ot/2o23 02,/oL/2O21 oz/ot/zoz4 02/0r/2024 x PEF STATI]TE OTH. E L EACHACC OENT t1,000,000 E L DISEASE.EAEMPLOYEE s1,000,000 E.L, DISEASE.POLICY L]MII $1.000,000 archit&Eng Prof 0310577' Prof. Li ab. - claims-Mad€ srR app]ies per policy ter 02/oL/2023 ns & condir 02/0!/2024 :i ons Each clain Limit Aqgregate Limit $10,000,000 $10,000,000 DESCFIPTION OF OPEFATIONS / LOCAflONS / VEHICLES (ACOFO 101, Addltioo.i R.m.t. Sch.dul., m.y bo rfi.chtr,l, mora +.c. b r.q!lr.d) rhe citv oI Menifee, its counci']members, officers, aqents and employees ar€ inc]uded a9 Addilional rnsureds in accordance lrith the oo'licv orovisions ol rhe General Liabi'lity Dolict. The Generdl Liability policy inc'ludes (overaqe for cro59 Liability dnd(ontiactua'l riabiliry. rhe auromobile Liabi'lity po'liay in(ludei coverage foi all owned, hired afld non-owned vehicles. a waiver of subrooation js orinted in favor of the Addiiional insureds in accordance with the po)icy provisions of the GeneralLiabi'liti. aulomobile Liabilitv and horkers compensation/Enployers Liabi'lity policies. A'll poli(ies evidenced herein areprimarv rnd Non-cohtriburorv rd orher insurance avai'lab]e to Additional rnsureds, but on]y in accordan(e with the policy provisions. umbre'l'la Liabi liry policy fol'lows forr. 30 days' writLen noti(e of (an(ellati6n, nonrenewal or material change in --* ;tEFrfr i=- H,E..{- ++ CANCELLATION @1988.2015 ACORD CORPORATION. All righls reserved. The ACORO name and logo ore rsglslered marks ol ACORD ;a E E 8 8 H SHOULD AI{Y OF THE AEOVE OESCFIBED POLICIES EE CANCELI.EO BITORE THE EXPINATON DATE THEFEOF. NOTICE WILI AE DELIVEhEO I'I ACCOFDANCE WIH THE POUCY PFOV|S|ONS, -M- %.7"*r*,%-d*dg^ AIJTI]OSIZED FEPRESENIATIVEDepartment of Fi nanceritv of Menife€ 29844 Haun Road l4eni fee ca 92586 usa CERTIFICATE HOLDEB r##H# ACORO 25 (2016/03) AGENCY CUSTOMER tD: 570000086191 LOC #ra,(^(uRi)o ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Southwest, Inc. NAMED INSUFED Rai l Pros Field Serv'ices, Inc, POL CY NUMBEN See certi fi cate Number: 570097655815 See Ce rt'i fi cate Number: 570097655815 NAC COOE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FOBM NUMBER: ACORD 25 FORM TITLE: Cortificale of Liability lnsurance ,\t)t)tTI()\.\1. Pot_tc .ts lfa policy below docs not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER(S) AFFORDING COVERAGE NAIC # INSURER INS URf]R INSLIRI.]R INSLTRhR IIII t\sR LTN 1\Pt_ ()t t\sl R r\( t t\sD \l8R FOLTCY TTI'DCTIVE DATl] T'XPIRAIION DAAE t.t\tII\ AUTOUOBILE LIABILIIY B 7012207931 02/0r/2023 02 /ot/ 2024 co'l li sion oeduct'ible J1,000 TIIIIIIIII IIIIITIIIl acoBD 101 (200&01) The ACORD namo and logo are roglsterod marki otACOBO O2008 ACOHO COFPOFATION. Allrighi3 r6s6rved. AGENCY CUSTOMER tD: 570000086191 LOC #:Ai:C)Rif ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon R'isk Services southwest, rnc. NAMED NSUPEO Rai I Pros Fie'ld services, Inc, POLICY NUMBEP see certi fi cate Number: 570097655815 See Certi fi cate Numberi 570097655815 NAIC CODE EFFECTIVE OATE AOOITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORO FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certilicate of Liability lnsurance Addltlonal 06s.ripiion ol OplEtloB / t@tions / V.hicl..:policies (of 10 days' notice of premiun non-payment) wil.l be provided to the certificate Holde|in accordancewith the pol i cy provisions. P;1ii* H+]S 8 I 3 a E ts x/,i+tffi acoRD 101 (2008/0r ) The ACOAD nan! and logo are registerod mrrkr ol ACOBO O 20OB ACOAD COBPOBATION. Allrlghls r€sorved. 570000086191 .4<:<)Rbo ADDITIONAL REMARKS SCHEDULE Page - of _ AGENCY Aon Risk Services Southr,/est, rnc NAMED NSUAED Rai'l Pros Field serv'ices, Inc, POLICYNUMAER see certi fi cate Number: 570097655815 see cert i fi cate Number: 570097655815 NA|C COOE EFFECTIVE OATE ADDITIONAL REMARKS AGENCY CUSTOMER IO: LOC #: THIS ADDITIONAL REMARKS FOBM IS A SCHEDULE TO ACORD FORM, FOBM NUMBER: ACORD 25 FORM TITLE: Certificate ol Liability lnsurance Addend um Pol icy # 671488573005u/wl westchester Fire rnsurance company'retn 2/7/2023 - 2/7/2024 Lirii t $10,000,000 occlAgg Excess ACOFD 10, (2008,0r) fheACOBD nam€ and logo are r6gislsrsd msrk3 oIACOBD @ 2OOa ACORO COBPOFAIOII. All rlghls re3erved. CNA CNA PARAMOUNT Additional lnsured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement This endorsemenl modifies insurance provided under the lollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Ot Additional lnsured Person(s) Or Organization(s) RAILPROS CONSOLIDATED, INC Location(s) Of Covered Operalions lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. v'..rf hE s c a : r/_i;t*ffi 8 & aa a EacG 20 10 (07-04) Page 1 of 2 Nat'l Fire Ins co of HarEford InsuTed N ME: RAI].PROS PARENT, LLC Policy No: Endorsement No: Effective Date: 1012201945 t4 02 / 07 /2023 Copynght, ISO Properiies, lnc., 2004 CNA A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily iniury, property damage or personal and advertising iniury caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf; in the performance ol your ongoing oporations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance atforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: bodlly iniury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the projecl (other than service, maintenance or repairs) to be performed by or on behal, ol the additional insured(s) al lhe localion of the coverod operations has been completed; or 2, That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations lor a principal as a part ol the same project. cG 20 10 (07-04) Page 2 ol 2 Natll Fire fns Co of Hartford lnsured Name: RAILPROS PAREN?, LLC Policy No: Endorsement No: Effective Date: 7 012207 945 r4 02/0!/2023 Copyrighl, ISO Prop€dos, lnc., 2004 CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement CNA Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement This endorsement modifies insurance provided under the following: COMMEBCIAL GENERAL LIABILITY COVERAGE PAHT SCHEDULE Name Ol Additional lnsured Person(s) Or Organization(s) RAILPROS CONSOLIDATED, INC Location And DescriDtion Of ComDleted ODerations lnformation required to complete this Schedule, it not shown above, will be shown in the Declarations. v'::fit u:5-r 5 a 8 : : [/.i+tLr-r'*r4t-1 II & E I 8 EcG 20 37 (07-04) Page 1 ol 2 Nat'I Fire Ins Co of HarEford INSUTEd NAME: RAII,PROS PARENT, LLC Policy No: Endorsement No: Effective Date: 70r220194s 1"6 02/07/2023 Copyright, ISO Propenios, lnc, 2004 CNA PARAMOUNT CNA CNA PARAMOUNT Additional lnsured - Owners, Lessees or Contractors - Completed Operations Endorsement Section ll - Who ls An lnsured is amended to include as an additronal insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily iniury or property damage caused, in whole or in part, by your work at the location designated and described in the schedule ol this endorsement performed for that additional insured and included in the products-completed operationshazard. cG 20 37 (07-04) Page 2 ol 2 Natrl Fire Ins Co of Hartford INSUTEd NAME: RAILPROS PARENT, LLC Policy No: Endorsement No: Etfective Date: 70L2207945 16 02/oL/2023 Copydght, ISO Proporlies, lnc., 2004 CNA CNA PARAMOUNT Limited Contractual Liability - Railroads Endorsement This endorsement modifies insurance provided under the lollowing: COMMEHCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: ANY RAILROAD AS REOUIRED BY WRITTEN CONTRACT OR AGREEMENT Designated Job Site: ALL INSI]RED JOBSITES WITI{IN THE COVERAGE TERRITORY OF T1{IS PART lnlormation required to complete this Schedule, if not shown above, will be shown in the Declarations It is understood and agreed that with respect to operations performed tor, or affecting, a Scheduled Railroad at a Designated Job Site, the section entitled DEFINITIONS is amended to delete paragraphs c. and l. the delinition ol insured contract and replace them with the following: c. Any easement or license agreement; t. That part ol any other contract or agreement pertaining to a Named lnsured's business (including an indemnification ol a municipality in connection with work performed for a municipality) under which a Named lnsured assumes the tort liability ol another party to pay lor bodily iniury or property damage to a third person or organization, provided the bodily iniury or properly damage is caused, in whole or in part, by a Named lnsured or those acting on the Named lnsured's behalf. However, such part of a contract or agreement shall only be considered an insured contract to the extent a Named lnsured's assumption ol the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f, does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor lor injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, il an architect, engineer or surveyor, assumes liability for an injury or damage arising out ol the insured's rendering or tailure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. vl::fl4 bts g 3 r/.i;dt Et& 8 & E E3 CNA74825XX (1-15) Policy No: Page 1 of 2 Endorsement No: Nats'1 Fire Ins Co of Hartford Effective Date: INSUTEd NAME: RAILPROS PARENT, LLC Copyrlght CNA All Rights Reserved. lnclude6 copyright€d meledal ol lngutanco S€rvic:€o Oflit€, lnc-. \Nittr lG pefmlsslon 70t2207945 10 02 / o!/2023 CNA CNA PARAMOUNT Limited Gontractual Liability - Railroads Endorsement All other terms and conditions of the Policy remain unchanged This endorsement, which forms a part ol and is lor attachment to the Policy issued by the designated lnsurers, takes elfecl on the effective date ol said Policy at the hour stated in said Policy, unless another eflective date is shown below, and expires concurrently with said Policy. CNA74825XX (1-15) Page 2 ol 2Nat'1 Fire Ins Co of Haxtford lnsured Name: Ri\rl,pRos pAREri[f , LLC Copydght CNA All Rights Bes€rv6d. Policy No: Endorsement No: Effective Date: 7 0L220? 945 10 02 / oL/ 2023 lnclud€s copyrightod metodal ol lnsurancs SeMcss Ollice, lnc., with its psrmission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the GOMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. ll any other endorsement attached to this policy amends any provision also am€nded by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply, TABLE OF CONTENTS 1. Additional lnsureds 2. Additional lnsured - Primary And Non-Contributory To Additional lnsured's lnsurance 4. Boats 5. Bodily lnlury - Expanded Definition 6, Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named lnsured 8. Contractual Liability - Railroads 9. Estates, Legal Representatives and Spouses 10, Expected Or lntended lniury - Exception for Reasonable Force 11. General Aggregate Limits ol lnsuranee - Per Location 12, ln Rem Actions 13. lncidental Health Care Malpractice Coverage 15. Legal Liability - Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising lniury - Discrimination or Humiliation 21. Personal And Advertising lniury - Contractual Liability 22. Property Oamage - Elevators 23. Retired Partners, Members, Directors And Employees 24. SupplementaryPayment6 25. Unintentional Failure To Disclose Hazards 26. Waiver ol Subrogation - Blanket 27. Wrap-Up Extension: OCIP, CCIP or Consolidated (Wrap-Up) lnsurance Programs Eri:i* W.+ u.iitt !$i4 3 8 I 8 5CNA74858XX (1-15) Policy No: Page 1 of 18 Endorsement No:Nat'1 Fire Ins Co of Hartford Etfective Date: lnsured Name: RATLPRoS PARENT, LLc Copyrtght CNA All Bighls Bos€rvod. lnclude6 copyrlghtd matorial ol lnaurance Servic6s Offic€, lnc-, with ils p€rmission. 7072201945 9 02 / oL /2023 3. Additional lnsured - Extended Coverage 1 4. Joint VenturedPartnership/Limited Liability Companies CNA CNA PARAMOUNT 1, ADDITIONAL INSUREDS a. WHO lS AN INSUBED is amended to include as an lnsurod any person or organization described rn paragraphs A. through l. below whom a Named lnsured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such conlract or agreement: ( l ) is currently in effect or becomes effective during the term ol this Coverage Part; and (2) was executed prior to: (a) the bodily iniury or property damage; or (b) the offense that caused the personal and advertising iniury, Ior which such additional insured seeks coverage. b. However, subJect always to the terms and conditions ol this policy, including the limils ot insurance, the lnsurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through l. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controllinglnterest Any person or organization with a controlling interest in a Named lnsured, but only with respect to such person or orqanization's liability for bodily iniury, property damage or personal and advertising iniury arising out of: 1. such person or organization's financial control of a Named lnsured; or 2. premises such person or organization owns, maintains or controls while a Named lnsured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations pedormed by, on behalf of, or for such additional insured. B. Co-owner of lnsured Premises A co-owner of a premises co-owned by a Named lnsured and covered under this insurance but only with respect to such co-owner's liability lor bodily iniury, propeny damage or personal and advertising iniury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named lnsured, but only with respect to liability for bodily iniury, property damage or personal and advertising iniury caused in whole or in part by the Named lnsured's acts or omissions, or the acts or omissions of those acting on lhe Named lnsured's behalf: a. in connection wrth the Named lnsured's premises; or b. in the performance of the Named lnsured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily iniury, property damage or personal and advertising injury arising out ol the rendering ol or failure lo render any prolessional services by, on behall of, or for the Named lnsured, including but not limited to: CNA74858XX (1-15) Page 2 of 18 Nat'1 Fire Ins Co of Hartford lnsured Name: RATLPROS PARENT, LLC Copyrighl CNA All Bights Ros6N6d. Policy No: Endorsement No: Effective Date: 7012201945 9 02/o!/2023 lrcludes copyrighl€d maledalol lnsurance Sorvices Ollice, lnc.. with its p€hission. Architects, Engineers and Surveyors General Liability Extension Endorsement CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineoring activities. D. Lessor ol Equipment Any person or organization from whom a Named lnsured leases equipment, bul only with respect to liability lor bodily iniury, property damage or personal and advertising iniury caused, in whole or in part, by the Named lnsurod's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily iniury, property damage or the offense giving rise to such personal and advertising inlury takes place prior to the terminalion ot such lease. E. Lessor ol Land Any person or organization from whom a Named lnsured leases land but only with respect to liability for bodily iniury, property damage or personal and advertising inlury arising out of the ownership, mainlenance or use of such land, provided that the occurrence giving rise to such bodily iniury, ptoperty damage or the offense giving rise to such personal and advertising iniury takes place prior lo the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construclion or demolition operations performed by, on behall of, or lor such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessofs real estate manager, but only with respect to liability for bodily iniury, property damage or personal and advertising iniury arising out ol the ownership, maintenance or use ol such part of the premises leased to the Named lnsured, and provided that the occurrence giving rise to such bodily iniury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination ol such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or Ior such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver ol premises but only with respect to such mortgagee, assignee or receiver's liability lor bodily iniury, property damage or personal and advertising injury arising out of the Named lnsured's ownership, maintenance, or use ol a premises by a Named lnsured. The coverage granted by this paragraph does not apply to struclural allerations, new construclion or demolition operations performed by, on behalf of, or for such additional insured. H, State or Governmental Agency ot Subdivision or Political Subdivisions - Permits A stale or governmental agency or subdivision or political subdivision that has issued a permil or aulhorization bul only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily iniury, property damage or personal and advertising iniury arising out of: 1, the following hazards in connection with premises a Named lnsured owns, rents, or controls and to which this insurance applies: a. the existence, maintenanco, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar enlrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c, the ownership, maintenance or use of any elevalors covered by this insurancet or Policy No: Endorsement No: Effective Date: [";i;itffi a a a : 8 c I c cNA748s8XX (1-1s) Page 3 of 18 Nat'l Fire Ins Co of HarEford INSUTEd NAME: RAILPROS PARENT, LLC Copynghr CNA All Rlghts Res€rvod. 70L2207945 9 02/or/2023 E4:ii*ffi lrcludss copydghled malenal ol lnsurance SeNices Ollice, lnc., with ils permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement 2, the permitted or authorized operalions performed by a Named lnsured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply lo: a. Bodily inlury, property damage or personal and advertising iniury arising out ol operations performed for the state or governmental agency or subdivision or poiitical subdivision; or b. Bodily iniury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requesled under a written contract or agreement, the lnsurer will treat as a written contract any governmental permit that requires the Named lnBured to add the governmental entity as an additional insured. l. Trade Show Event Lessor With respect to a Named lnsured's participation in a lrade show event as an exhibitor, presenler or displayer, any person or organization whom the Named lnsured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in lhe performance of the Named lnsured's ongoing operations at lhe trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily iniury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON.CONTRIBUTORY TO ADDITIONAL INSURED'S INSUBANCE The Other lnsurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: lf the Named lnsured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the lnsurer will not seek contribution lrom that other insurance, For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organizalion is excess of any olher insurance available to such person or organization. 3. ADOITIONAL INSURED - EXTENDED COVERAGE When an additional insured is added by this or any olher endorsement attached to this Coverage Part, WHO lS AN INSURED is amended to make the tollowing natural persons lnsureds. lf the additional insured is: a. An individual, then his or her spouse is an lnsured; b. A partnership or joint venture, then its partners, members and their spouses are lnsureds; c. A limited liability company, then its members and managers are lnsureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive otficers, directors and shareholders are lnsureds; oNA74858XX (1-1s) Page 4 of 18 Nat.'1 Fire Ins Co of Hartford lnsured Name: RATLPRoS PARENT, LLC Copyrighl CNA Atl Righls Rqs6rv6d. Policy No: Endorsement No: Etlective Date: 70L2207945 9 02/or/2023 lnclud€s copydgmed matedal ol lnsurancs Seruices Oflice, tn6., with hs pemission CNA PARAMOUNT CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect lo locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of lhis endorsement lor additional coverage and restrictions applicable to spouses ol natural person lnsureds. 4. BOATS Under COVERAGES, Coverage A - Bodily lnjury And Prop€rty Oamage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercratt owned by the Nam6d lnsured that is less than 30 leet long while being used in the course ol the Named lnsured's inspection or surveying work. 5. BODILY INJURY - EXPANDED DEFINITION Under DEFINITIONS, the detinition of bodily iniury is deleted and replaced by the following: Bodily iniury means physical injury, sickness or disease sustained by a person, including death, humiliatlon, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event ol Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEOGE OF OCCUBRENCE The Named lnsured must give the lnsurer or the lnsurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named lnsured, to a partner, executive officer, manager or member of a Named lnsured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named lnsured fails to give the lnsurer notice ol an occurrence, offense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily inlury or property damage is not covered under this Coverage Part. However, the Named lnsured shall give written notice of such occurrence, offense or claim to the lnsurer as soon as the Named lnsured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO lS AN INSURED is amended to delete its Paragraph 3. in its enlirety and replace it with the following: 3, Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named lnsured has management control: a. on the effective date ol this Coverage Part; or b. by reason ol a Named lnsured creating or acquiring the organrzation during the policy period, qualilies as a Named lnsured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have t?;i;fitlir.{,Eig 5 8 a Erj;i* ti'a.r!;Nt# I 8 E aa 9 ECNA74858XX (1-15) Policy No: Page 5 of 18 Endorsement No: Na!'1 Fire Ins Co of Hartford Effective Date: lnsured Name: RAILpROS PARElrr, LLC Copydght CNA All Blghts Bo6eru6d. lncludos copyrighlod mat€ial ol lnsulanco SoNices Office, lnc., with its p€mission. 70L2207945 9 02/07/2023 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSUBED provision does not apply to: (a) any partnership, limited liability company or ioint venture; or (b) any organizalion lor which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose o, this provision, managemenl control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a malority ol the Board ol Directors of a corporation; or B, having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named lnsureds by virtue ol Paragraph 3. above, this insurance does not apply to: a. bodily iniury or property damage that first occurred prior to the date of management control, or that first occurs alter management control ceases; nor b. personal or advertising iniury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named lnsureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named ln3ured should choose to employ. 8. CONTRACTUAL LIABILITY - RAILROADS With respect to operations performed within 50 teet of railroad property, the definition ot insured contract is replaced by the following: lnsured Contract means: a, A contract for a lease of premises. However, that portion ol the contract for a lease ol premises that indemnifies any person or organizalion tor damage by lire to premises while rented to a Named lnsured or temporarily occupied by a Named lnsured you with permission of the owne. is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevalor maintenance agreement; l. That part ot any other conlract or agreemenl pertaining to the Named lnsured's business (including an indemnitication ol a municipality in connection with work performed for a municipality) under which the Named lnsured assumes the tort liability of another party to pay for bodily iniury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreemenl. Paragraph t. does not include that part ol any contract or agreement: cNA74858XX (1-15) Page 6 ol 18 Nat'1 Fire Ins Co of Hartford INSuTed Name: RAILPROS PARENT, LLC Copyright CNA All Bighls ReseNed. Policy No: Endorsement No: Effective Date: 70]2207945 9 02 / al/ 2023 lncludes copyrighl€d matorialol lnsLrrance SoNicos Otlice, lnc., with ils pormission CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architecl, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, repo(s, surveys, lield orders, change orders or drawings and specitications; or (b) Giving directions or instructions, or lailing to give them, if that is the primary cause of the injury or damage; (2) Under which the lnsured, if an architect, engineer or surveyor, assumes liability lor an injury or damage arising out ol the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administralors, lrustees, beneticiaries and spouses of any natural person lnsured or living trust shall also be insured under this policy; provided, however, coverage is aflorded to such estates, executors, heirs, legal representatives, administrators, trustees, beneliciaries and spouses only lor claims arising solely out of their capacrty or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person lnsured to such spouse. No coverage is provided for any act, error or omission ol an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse ol a natural person Named lnsured, and the spouses of members or partners of joint venture or partnership Named lnsureds are lnsureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business. 10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR BEASONABLE FORCE Under COVERAGES, Coverage A - Bodily lniury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or lntended lniury and replace it with the tollowing: This insurance does not apply to: Expected or lntended lniury Bodily iniury or property damage expected or intended from the standpoint of the lnsured. This exclusion does not apply to bodily inlury or property damags resulting lrom the use of reasonable torce to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE . PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the lnsurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily iniury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Cove,age C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor lhe Location General Aggregate Limil of any other location. B. AII: 1. Damages under Coverage B, regardless of the number ol locations involved; 'ij.# wfr e I a 8 fl.+.;ffH; E8 E c : a lnclud6s copyrighlod materialol lnsurance SeMces Oflica. lrlc., wilh ils pemissiofl oNA74858XX (1-15) Page 7 of 18 Nat'1 Fixe Ins Co of Hartford lnsured Name: RAILPROS PARENT, LLC Copyright CNA All Righls F€6eNed. Policy No Endorsement No Eflective Date 7072207945 9 02/07/2023 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be anributed solely to ongoing operations at a single location, except damages because of bodily inlury or property damage included in the products-completed operations hazard; and 3. i/edical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose ol this GENERAL AGGREGATE LIMITS OF INSURANCE. PER LOCATION Provisron, "location" means: 1. a premises the Named lnsured owns or rents; or 2. a premises not owned or rented by any Named lnsured al which the Named lnsured is performing operations pursuant to a contract or written agreemenl. lf operations at such a location have been discontinued and then restarted, or il the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will slill be deemed to be the same Iocation. For the purpose of determining the applicable aggregate limit ol insurance, premises involving the same or connecling lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of.way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for lvledical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether lhe occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments lor damages because ol bodily lnlury or property damage included in the products-completed operations hazard, regardless of lhe number of locations involved, will reduce lhe Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions ol LIMITS OF INSURANCE not otheMise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named lnsured, or chartered by or for the Named lnsured, will be treated in the same manner as though the action were in personam against the Named lnsured. 13, INCIDENTAL HEALTH CARE MALPRACTICE COVEBAGE Solely with respecl to bodily inlury that arises oul of a health care incident: A. Under COVEBAGES, Coverage A - Bodily lniury And Property Damage Liability, the lnsuring Agreement is amended to replace Paragraphs l.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily inlury provided that the professional health care services are incidental to the Named lnsured's primary business purpose, and only it: (1) such bodily iniury is caused by an occurrence that takes place in the coverage territory. (2) the bodily inlury first occurs during the policy period. All bodily iniury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part o, the occurrence; and CNA74858XX (1-15) Page I of 18Nat'l Fire Ins Co of HarEford lnsured Name: RATLPRoS PARENT, LLC Copydght CNA A Rights R6s6rv€d. Policy No: Endorsement No: Effective Date: 10!2207945 9 02 / 01/ 2023 lnclud6s copynghled maledal of lnsuranco SeNicos Oflico, lnc., r ith its psrmission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A - Bodily lniury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodlly iniury arising from a health care incident is covered by other liability insurance available to the lnsured (or which would have been available but for exhaustion ol its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the lnsured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add lhe following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital stalus or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Modicare/Modicaid Fraud any actual or alleged violation of law with respect to lvledicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident tor which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the lollowing definitions: Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of: a. professional health care seruices on behall of the Named lnsured or b. Good Samarilan services rendered in an emergency and rorwhich no payment is demanded or received. Profe3sional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-15) Policy No: Page I oI 18 Endorsement No: NatrL Fire Ins Co of Hartford Efiective Date: lnsured Name: RAILPRoS PARE}I|, LLC Copydght CNA AI Aights R6serv€d. lrElud€s copyilghtod mat€dal ol lnEuranc€ SoMces Oflic6, lnc., wirt its pemissbn. 7012201945 9 02/ o1/ 2023 rtii'ltffi a 8 - - : F/.i# t4ii( 8 & 8 E 8 E CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; i. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical tnals or product testing. ii. delete the detinition o, occurence and replace it with the lollowing: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, lransaction, event, advice or decision will be considered to constitute a single occurence; iii. amend the delinition of lnsured to: a. add the following: the Named lnsured's employee8 are lnsured8 with respect to: (1) bodily iniury to a co-employee while in the course of the co"employee's employment by the Named lnsured or while pertorming duties related to the conduct of the Named lnsured'E business; and (2) bodily iniury to a volunteer worker while perlorming duties related to the conduct of the Named lnsuted's busine$; when such bodily iniury arises out o, a health care incident. the Named lnsured's volunteer workers are lnsureds with respect to: (1) bodily iniury to a co-volunteer worker while perlorming duties related lo ths conduct ot lhe Named lnsuted's business; and (2) bodily iniury to an employee while in the course ol the employee's employment by the Named lnsured or while performing duties related to ths conducl of the Named ln3ured's business; when such bodily injury arises out ol a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) ol Paragraph 2.a.(1) of WHO lS AN INSURED. D. The Other lnsurance condition is amended to delate Paragraph b.(1) in its entirety and replace it with the following: other lnsurance CNA74858XX (1-15) Policy No: Page 10 ol 18 Endorsement No:Natrl Fire Ins Co of Hartford Effective Date: Insured Name: Rj\ILPROS PARm r, LLC Copydg+n CNA All Rights F€s€rued. lncludes copyightod maodd ot lnsuBnco SoNice6 Oltbe, lnc., with iis pemission 7012201945 9 02/0t/2023 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess lnsurance (1) To lhe extent this insurance applies, it is excess over any other insurance, self insurance or risk transler instrument, whelher primary, excess, contingenl or on any other basis, except for insurance purchased specifically by the Named lnsured to be excess ol this coverage. 14. JOINT VENTURES / PARTNEBSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO lS AN INSURED: lf the Named lnsured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named lnsured is an lneured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any otfense giving rise to personal and advertising iniury occuned prior to such termination date, and the personal and adverlising inlury arising out of such offense, lirsl occurred afler such termination date; b. the bodlly iniury or property damage lirst occurred after such termination dale; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. lf the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily iniury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And SurvoyorE General Liability Extension Endorsement provision entitled WBAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIOATEO (WBAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidatod (wrap-up) insurance program. B. Participation ln Current Professional Joint Ventures The following is added to WHO lS AN INSURED: The Named lnsured is also an lnsured lor participation in a current joint venture that is not named on the Declarations, bul only il such joint venture meets all ot the lollowing criteria: a. Each and every one of the Named lnsured's co-venturers are architectural, engineering or surveying lirms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joinl venture. However, the Named lnsured is an lnsured only for the conduct of such Named lnsured's business within such a joint venture. The Named lnsured is not insured for liability arising out of the acts or omissions of other co- venturers, nor of their partners, members or employees. C. WHO lS AN INSUBED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Exten8ion Endorsement or by the attachment of another endorsement (if any), no person or organization is an lnsured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named lnsured in the Declarations. l/.,:rfi+ tsffi a a - - - frJ:ii* Ei-t I 3 a cNA748s8XX (1-15) Page11of18 Nat'1 Fire Ins Co of Hartford INSUTEd NAME: RAILPROS PARENT, LLC Copytlght CNA All Rlghts Hes€rved. Policy No: Endorsement No: Effective Date: 7012207945 9 02/ 0L/2O23 lrEludqs copyrighl€d maloial ol lnsurance SeMcos Oltice. lnc., wilh ils pemission CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSUFED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A - Bodily lniury and Property Damage Liability, the paragraph entitled Exclusions is amended to delele exclusion l. Damage to Property in its entirety and replace il with the following: This insurance does not apply to: i. Damage to Property Property damage to: (1) Property the Named lnsured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, lor repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention ol inlury to a person or damage to another's property; (2) Premises the Named lnsured sells, gives away or abandons, if the property damage arises out ol any part of those premises; (3) Property loaned to the Named lnsured; (4) Personal property in the care, custody or control otthe lnsured; (5) That particular part of real property on which the Named lnsured or any conlraclors or subcontractors working directly or indirectly on the Named lnsured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be reslored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) ol this exclusion do not apply to property damage (other than damage by fire) to premises Iented to the Named lnsurod or temporarily occupied by the Named lnsured with the permission of the owner, nor to the contents of premises rented to the N6med lnsured lor a period of 7 or fewer consecutive days, A separate limit ol insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) ol this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3) and (4) ol this exclusion do not apply to property damage to: i, tools, or equipment the Named lnsured borrows rrom others, nor ii, other personal property ol others in the Named lnsurod's care, custody or control while being used in the Named lnsured's operations away lrom any Named lnsured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. proporty that is mobile equipment leased by an lnsured; cNA74858XX (1-15) Page 12 of 18Nat'l Fire Ins Co of Hartford lnsured Name: Ri\rLPRos PARENT, LLC Copynghr CNA All Righls R6s6rv€d. Policy No: Endorsement No: Effective Date: 7072207945 9 02 / ot / 2o23 lncludes copyrighted maleialol lnsurancs Servic€s Oflico, tnc., with its pemission. CNA CNA PARAMOUNT c. property that is an auto, aircraft or watercraft; d, property in transit; or e. any portion of property damage for which the lnsured has available olher valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit ol insurance and deductible apply to such property of others, See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A - Bodily Iniury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by lire to premises while rented to a Named lnsured or temporarily occupied by a Named lnsured with permission ol the owner, nor to damage to the contents of premises renled to a Named lnsured for a period ol 7 or lewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSUBANCE: Subject to 5. above, $25,000 is the most the lnsurer will pay under Coverage A for damages arising out of any one occurrence because of lhe sum of all property damage to borrowed tools or equipment, and to other personal property ol others in the Named lnsured's care, custody or control, while being used in the Named lnsured's operations away from any Named lnsured's premises. The lnsurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The lnsurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. lf the lnsurer exercises that right, the Named lnsured will promptly reimburse the Insurer tor any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSUBANCE is deleted and replaced by the Iollowing: 6, Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the lnsurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named lnsured or temporarily occupied by the Named lnsured with the permission of lhe owner, including contents of such premises rented to the Named lnsured ,or a period of 7 or lewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Bented To You Limit shown in the Declarations. E. Paragraph 4.b.(lXaXii) of the Other lnsurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named lnsured, for premises temporarily occupied by the Named lnsured with the permission of the owner; or for personal property of others in the Named lnsured's care, custody or control; 16. LIQUOB LIABILITY Under COVERAGES, Coverage A - Bodily lnlury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otheMise qualilies as an additional insured on this Coverage Part. fiiiiftffi R I - : rr.ir* EI'+ 3 E E : 3 B CNA74858XX (1-15) Policy No: Page'I3 of 18 Endorsement No: Nat'l Fire Ins Co of HarEford Effective Date: InSuTed NAME: RAII,PROS PARENT, LLC Copyng CNA AllBighls Beserved. lncludes copydghted mal€rialof lnsurance SeNicesOtlics, lnc., with it6 psnnission. 9 02/07/2023 Architects, Engineers and Surveyors General Liability Extension Endorsement CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the lnsurer will pay under Coverage C lor all medical expenses because of bodily inlury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the lnsuring Agreement ol Coverage C - Medical Payments is amended to replace Paragraph 1.a.(3Xb) with the following: (b) The expenses are incurred and reported to the lnsurer within three years of the date of the accident; and 18. NON-OWNED AIHCHAFT Under COVERAGES, Coverage A - Bodily lniury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircratt, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named lnsured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named lnsured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON.OWNED WATERCRAFT Under COVERAGES, Coverage A - Bodily lniury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named lnsured, provided the watercraft is: (a) less than 75 teet long; and (b) not being used to carry persons or property lor a charge. 20. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising inlury is amended to add the following tort: Discrimination or humiliation that results in inlury to the leelings or reputation ol a natural person. B, Under COVEBAGES, Coverage B - Personal and Advertising lniury Liability, the paragraph entitled Exclusions is amended to: 1. delete lhe Exclusion entitled Knowing Violation Ol Rights Ot Another and replace it with the following: CNA74858XX (1-15) Page 14 of 18 Nat'1 Fire Ins Co of Hartford INSUTEd Name: RAILPROS PARENT, LLC Copydghl CNA All Rights Heseryod. Policy No: Endorsement No: Effective Date: 7072201945 9 02/0L/2023 ncludes copyrighted matorial ol lnsuranc€ Sorvrcgs Orrice, lnc., wilh ils ponnission CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights o, Another Personal and advertlsing lniury caused by or at the direction of the lnsured with the knowledge that the act would violate the righls of another and would inllict personal and advertising iniury. This exclusion shall not apply to discrimination or humiliation that results in injury to the ieelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction ol: (a) the Namod lnsured; or (b) any executive otficer, director, stockholder, partner, member or manager (if the Named lnsured is a limited liability company) ot the Named lnsured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any lnsured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sublease or prospective sale, rental, lease or sub-lease of any room, dwolling or premises by or at the direction of any lnsured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an lnsured derives solely from Provision 1. ADDITIONAL INSURED of this endorsemenU or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B -Personal and Advertising lniury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely lor the purpose ot the coverage provided by this PERSONAL AND AOVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, lhe lollowing changes are made to the section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the lnsurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests ol the lnsured and the interests of the indemnitee; 2. The tirst unnumbered paragraph beneath Paragraph 2.f.(2xb) is deleted and replaced by lhe following: So long as the above conditions are met, attorney's fees incurred by the lnsurer in the defense ot that indemnitea, necessary litigation expenses incurred by the lnsurer, and necessary liligation expenses incurred Policy No: Endorsement No: Effective Date: t7.+:fi Ei$ P s a I - : tril* H.fiI 8 I a EcNA74858XX (1-15) Page '15 ot 18 Nat'1 Fire Ins Co of Hartford lnsured Name: RAILPRog PARENT, LLC Copyight CNA All Blghls BeseNod, 1072201945 9 02 / ot /2023 lnclud€s copyrlghtsd malsnal ot lnsurance Services Otlice, lnc., wilh ils permission CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit: and B, Paragraph 1.d. is amended to delete the limit of $250 shown tor daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZABDS ll the Named lnsured unintentionally fails to disclose all existing hazards at the inceplion date of the Named lnsured's Coverago Part, the lnsurer will not deny coverage underthis Coverage Part because of such failure. 26. WAIVEB OF SUBROGATION. BLANKET Under CONDITIONS, the condition entitled Transfer Ol Rights Of Recovery Against Others To Us is amended to add the lollowing: The lnsurer waives any right of recovery the lnsurer may have against any person or organization because ol payments the lnsurer makes tor injury or damage arising out ol: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named lnsured has agreed in writing to waive such rights ot recovery in a written contract or written agreement, and only il such contract or agreement: cNA74858XX (1-15) Page 16 of 18Nat'1 Fire Ins Co of Hartford lnsured Name: RAILPROS PARENT, LIJC Copydghl CNA All Biohts Rosorvod. Policy No: Endorsement No: Effective Date: 7 012201945 9 02/or/2023 lncludes copyrightod mate al ol lnsurance Seryices Otlice, lnc., wilh its pormlssion by the indemnitee at the lnsureis request will be paid as derense costs. Such paymenls will not be deemed to be damages for personal and advertising iniury and will not reduce the limits ot insurance. C. This PEBSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply it Coverage B -Personal and Advertising lniury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJUBY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE - ELEVATORS A. Under COVERAGES, Coverage A - Bodily lniury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (a) and (6) ol the Damage to Property Exclusion do not apply to property damage that results lrom the use ol elevators, B. Solely for the purpose ol the coverage provided by this PBOPERTY DAMAGE - ELEVATORS Provision, the Other lnsurance conditions is amended to add the following paragraph: This insurance is excess over any ol lhe other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged trom the use ol elevators. 23. HETIRED PABTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO lS INSURED is amendod to include as lnsureds natural persons who are retired partners, members, directors or employees, but only lor bodily inlury, propedy damage or personal and advertising iniury that results from services perlormed for the Named lnsured under the Named lnsured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an lnsured under this Provision. 24, SUPPLEMENTABY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as lollows: CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 'L is in eflect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily iniury, property damage or personal and advertising iniury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OB CONSOLIDATED (WRAP-UP) INSURANCE PBOGRAMS Note: The following provision does not apply to any public construction project in the state ol Oklahoma, nor lo any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. ll the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or anolher exclusionary endorsement pertaining to Owner Controlled lnsurance Programs (O.C.I.P.) or Contractor Controlled lnsurance Programs (C.C.l.P.) is attached, then the following changes apply: A. The lollowing wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Nemed lnsured is or was involved, this exclusion does not apply to those sums the Named lnsured become legally obligated to pay as damages because of: 1, Bodily iniury, properly damage, or personal or advertising inlury that occurs during the Named lnsured's ongoing operations at the project, or during such operations of anyone acling on the Named lnsured's behalf; nor 2. Bodily iniury or property damage included within the products-completed operations hazard that arises out of those portions ol the project that are not residential structures. B. Condition 4. Olher lnsurance js amended to add the following subparagraph a.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named lnsured as a result ol the Named lnsured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named lnsured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definilions: Consolidated (wrap-up) insurance program means a construction, erection or demolition prolect for which the prime contraclor/project manager or owner of the construction project has secured general liability insurance covering some or all ot the contractors or subcontractors involved in the project, such as an Owner Controlled lnsurance Program (O.C.l.P.) or Contraclor Controlled lnsurance Program (C.C.l.P.). Besidential structure means any structure where 30% or more o, the square toot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, aparlments, condominiums, townhouses, co-operatives or planned unit developmentst and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilrties, hotels or motels. R*idential structure also does nol include hospitals or prisons. u;,:#EH:E'IIIT 3 & E g r/.iil* EEA:E'T{S 9 3 o a ECNA74858XX (1-15) Policy No: Page 17 of 18 Endorsement No:Nat'1 Fire Ins Co of Hartford Effective Date: lnsured Name: RAILPROS PARENT, IJLC Copynghl CNA All Rights BssoNed. lncludos copydghled maloial ot lnsulance Seruices Olllce, Inc., with its pomission. 7 072201945 9 02/07/2023 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OB CONSOLIDATED (WBAP-UP) INSUBANCE PBOGRAMS Provision does not apply to any person or organization who otheMise qualilies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated lnsurers, lakes etfect on the effective date of said Policy at the hour stated in said Policy, unless another effeclive date is shown below, and expires concurrently with said Policy. CNA74858XX (1-15) Policy No: Page 18 of '18 Endorsement No:Natil Fire Ins Co of Hartford Effective Date: InsuTed Name: RAILPROS PARENT, LLC Copydght CNA All Righls R6sow6d. lncludes copyrightod matodal o, lnsurance Se'vicog Orric6, lnc.. with ils pormission '101220'7945 9 02/o7/2023 CNA CNA PARAMOUNT General Aggregate Limit - Per Project Endorsement This endorsement modifies insurance provided under the tollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: l. For each single construction or service project away lrom premises the Named lnsured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the lnsurer will pay for the sum of: A. all damages under Coverage A, except damagss because of bodily iniury or property damage included in the products-completed operationB hazard; and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregats Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. [. Ail: A, damages under Coverage B, regardless of the number ol locations or projects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single project, except damages b€cause of bodily lnlury or property damage included in the products- completed operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will roduce the General Aggregate Limit shown in the Declarations. lll, The limits shown in the Declarations for Each Occurrence, lor Damage To Premises Bented To You and for Medical Expense continus to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular project. lV. When coverage for liability arising out of the products-completed operations hazatd is provided, any payments for damages because ol bodily iniury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless o, the number ol projects involved. V. It a single construclion or service project away from premises owned by or rented to the Named lnsured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. Vl. The provisions ol LIMITS OF INSURANCE nol otheMise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated lnsurers, takes effect on the effective date ol said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrenlly with said Policy rr;,:;iftffi & I a [/.ii*LlAttit&i* 3 t cIcNA75061XX (1-15) Page 1 ol 1Nat'l Fire Ins Co of Hartford lnsured Name: RATLPRoS PARENT, LLc Copydght CNA All Bighls Ra$N€d. Policy No Endorsement No Effective Date 70t2207945 72 o2/ o! / 2023 lncludss copyrigtlt€d mslorialol In6u€nce Seoicos Oltice. lnc.. wilh ils p€rmission. CNA CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modilies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVEHAGE PABT PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled other lnsurance is amended to add the lollowing: Primary And Noncontributory lnsurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution lrom any other insurance available to an additional insured under this policy provided that: a, the additional insured is a named insured under such other insurance; and b. the Named lnsured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured, This endorsement, which lorms a part ol and is for attachment to the Policy issued by the designated lnsurers, takes etlect on the etlective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrentl with said Pol E e s oNA74987XX (1-1s) Page 1 of 1 Nats'I Fire Ins Co of Hartford INSUTEd NAME: RJq.TLPROS PARENT, LLC Copy,ighl CNA All Rights Res€rv6d. Policy No: Endorsemenl No: Effective Date: 7 0].2201945 20 02/0r/2023 lnclud€s copy ghl6d mal6i6lo, lnsurance SeNicos OJtice, tnc., with its psrmBsion. All other terms and conditions of the Policy remain unchanged. - CNA CNA PARAMOUNT Cancellation - Nonrenewal - Texas Wherever used in this endorsement: 1) lnsurer means "we", "us", "our" or the "Company" as those terms may be defined in the policy; and 2) first Named lnsured means the first person or entity named on the declarations page; and 3) "lnsureds" means all persons or entities afforded coverage under the policy. Any cancellation, non-renewal or terminatjon provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON-RENEWAL A. CANCELLATION 1. The first Named lnsured may cancel the policy at any time. To do so, the first Named lnsured must return the policy to the lnsurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the lnsurer, stating when the cancellation is to be etfective. 2. Unless the policy is a renewal, and if Paragraph 5. below is not applicable, the lnsurer has the right to cancel this policy at any time and for any reason within the first sixty (60) days. Notice of cancellation, stating the reason for cancellation, must be mailed at least ten (10) days prior to the effective date of such cancellation to the first Named lnsured al the address shown on the policy. 3. After this policy has been in effect for sixty (60) days or more, or il it is a renewal or continualion of a policy issued by the lnsurer (and if Paragraph 5. below is not applicable), it may be canceled lor one or more of the lollowing reasons: a. Non-payment of premium.b. Fraud in obtaining coveragec. lncrease in hazard, within the insured's control, that produces a rate increase.d. Loss of reinsurance, covering all or part ol the risk covered by the policy; ore, ll the lnsurer is placed in supervision, conservatorship, or receivership and the cancellation is approved or directed by the supervisor, conservalor or receiver. Written notice of cancellation must be mailed or delivered to the lirst Named lnsured at the last mailing address known to the lnsurer at least sixty (60) days prior to the effeclive date of such cancellation. The grounds lor such cancellation shall also be stated. ll the lnsurer cancels lor non-payment of premium, notice of cancellation will be mailed at least ten (10) days prior to the effective date of such cancellation. 4, Notice of cancellation will state the date the cancellation is etfective. The Policy will end on that date. lf notice is mailed, proof of mailing will be sufficient prool of nolice. 5. ln addition to the cancellation provisions described above, the lollowing applies to Business Property Coverage on a condominium association lhat contains at least one residence or if the condominium declarations conform with the Texas Unitorm Condominium Act: riii*ffi 3 r4,:ji*ffi 8 & c P I E Copyrighl CNA Al Righls Reserued cNA62814TX (01 -20) Page 1 of 3 Nat'1 Fi"re Ins Co of Hartford INSUTEd NAME: RAILPROS PARENT, LLC Policy No Endorsement No Effective Date 70L2207945 02 / 0L/ 2023 lf the lnsurer cancels this policy, the lnsurer must also mail or deliver written notice ol cancellation at least 60 days before the effective date of cancellation to each unit-owner to whom the lnsurer issued a certificate or memorandum of insuranco and will, at the request of the firsl Named lnsured, provide a written statement of the reason or reasons lor such cancellation. 6. The following applies to Business Property or Business Crime coverage on a governmental unit, as defined under 28 TEX. ADMIN. CODE, Section 5.7001 or to Business Property Coverage on one" and twojamily dwellings: a. lf this policy has been in effect ror less than g0 days and is not a renewal of a policy the lnsurer issued, the lnsurer may cancel coverage Ior any reason. CNA CNA PARAMOUNT Cancellation - Nonrenewal - Texas b. lf this policy has been in effect for 90 days or more or is a renewal of a policy the lnsurer issued, the lnsurer may cancel coverage only for the lollowing reasons: (1) lf the tirst Named lnsured does not pay the premium or any portion ol the premium when due; (2) lf the Texas Department of lnsurance determines that continuation of this policy would result in violation ol the Texas lnsurance Code or any other law governing the business of insurance in Texasi (3) lf the first Named lnsured submits a fraudulent claim; or (4) lf there is an increase in the hazard covered by this policy that is within the control ol any Named lnsured and would produce an increase in the premium rate of this policy. lf such coverage is cancelled, the lnsurer will, at the request of the first Named Insured, provide a written statement of the reason or reasons for such cancellation. B. PREMIUM BEFUND lf this policy is cancelled, the lnsurer will send the first Named lnsured any premium refund due. lf the lnsurer cancels the refund will be pro rata. lf the first Named lnsured cancels, the retund may be less than pro rata, The cancellation will be effective even il the lnsurer has not made or offered a refund. The notice ol cancellalion will state that unearned paid premium, il not tendered, will be refunded on demand. lf Paragraph A.5. above is applicable, the relund will be pro-rata if: 1, The lnsurer cancels the policy; or 2. The lirst Named lnsured cancels this policy because a The lnsurer refused to provide additional coverage which the lirst Named lnsured requested under this policy; or b. The lnsurer reduced or restricted coverage under the policy without the consent ol the first Named lnsured The refund will be less than pro-rata il the lirst Named lnsured cancels this policy for a reason other than those listed in 2.a. and 2.b. above. C. NON-HENEWAL 1. lnsurer can non-renew the policy by mailing or delivering advance written notice to the first Named lnsured, at the last mailing address known to the lnsurer, not later than the 60th day before the expiration date. The notice shall include the reason for such nonrenewal. 2. lf the lnsurer mails or delivers the required renewal notice later than the 60'h day belore the expiration date, coverage shall remain in elfect until the 61st day after the date on which notice is delivered or mailed. The earned premium for any period of coverage that extends beyond the expiration date of this policy shall be computed pro- rata based on the previous yeafs rate. A transfer of a policyholder between two admitted companies within the same insurance group is not considered a refusal to renew. 3. ln addition lo the non-renewal provisions described above, the following applies to Business Property Coverage on a condominium association that contains at least one residence or if the condominium declarations conform with the Texas Uniform Condominium Act: ll the lnsurer non-renews this policy, the lnsurer must also mail or deliver written notice of nonrenewal at least 60 days before the expiration or anniversary date ol this policy, to each unit-owner to whom the lnsurer issued a certificate or memorandum of insurance. c cNA62814TX (01-20) Page 2 ol 3 Nat'I Fire Ins Co of Hartford INSUTEd NAME: RAILPROS PARENT, LLC Policy No: Endorsement No: Effective Date: 7 07220',7 945 37 02/oa/2023 Copyright CNA Ail Righls BesoNed CNA CNA PARAMOUNT Cancellation - Nonrenewal - Texas The lnsurer will mail or deliver such notice to each last mailing address known to the lnsurer. ll notice is mailed, proof of mailing will be sufficient proof of notice. 4. Business Property Coverage - One- And Two-Family Dwellings And Governmental Property lf the lnsurer elects not to renew coverage on one- and twojamily dwellings or on governmental units, the lnsurer will mail or deliver written notice of nonrenewal to the first Named lnsured and any mortgageholder shown in the Declarations, at least 60 days before the expiration date. Prool of mailing will be sufficient prool of nolice. The lnsurer will, at the request of the first Named lnsured, provide a written statement of the reason or reasons for such nonrenewal. ll the lnsurer lails to give the lirst Named lnsured proper notice of our relusal lo renew, the first Named lnsured may require us to renew the policy. b. The lnsurer may elect not lo renew such coverage lor any reason, subject to the exceptions and limitations in Paragraphs c. and d. below. c, The lnsurer will not refuse to renew coverage solely because of claims for losses resulting lrom natural causes. d. Claims That Do Not Result From Natural Causes (1) lf the lnsurer has previously notified the first Named lnsured as provided in (2) below, lhe lnsurer may reluse to renew coverage if a Named lnsurod has filed under this policy, in any three year period, three or more claims that do not result from natural causes. (2) lf a Named lnsured has liled two such claims in a period ot less than three years, the lnsurer may notify tha first Named lnsured in writing that, if the same Named lnsured files a third such claim during the three year period, the lnsurer may refuse to renew coverage. (3) A claim does not include a claim that is filed but is not paid or payable under this policy. D. OTHER CANCELLATION/NONRENEWAL PBOVISIONS The lnsurer may not cancel or non-renew based solely on the fact that the lnsured is an elected official All other terms and conditions ol the Policy remain unchanged This endorsemenl, which forms a part ol and is for attachment to the Policy issued by the designated lnsurers, takes eflect on the eflective date ot said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. a P.iitrffi a a a rriii* ffi+ Copynghl CNA AllRighls Roserved. cNA62814TX (01-20) Page 3 of 3 Nat'1 Fire lns Co of Hartford INSUTEd NAME: RAILPROS PAREIflT, LLC Policy No: Endorsement No: Effective Date: 701,2207945 02 / o!/ 2023 & E I ts H CNA Worl<ers Compensation And Employers Liability lnsurance We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you pertorm work under a written contract that requires you to obtain this agreement from us. This agroement shall not operate directly or indirectly to bene{it anyone not named in the Schedule. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, ior purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated lnsurers, takes effect on the Policy Eftective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. WAIVEB OF OUR RIGHT TO BECOVER FROM OTHERS ENDORSEMENT Form No: WC 00 03 13 (O4-1984) Endorsem€nt Ettective Date: Endorsement Expiration Dsts: Endorsement No: 5; Page: 1 of 1 Underwriting Company: The Continental lnsurance Company, 151 N Franklin St, Chicago, lL 60606 Policy No: WC 7 12207928 Policy Effective Date: O2lOl /2023 Poricy Pago: 99 o, 1 24 Copyright 1983 National Council on Compensataon lnsurance CNA Workers Compensation And Employers Liability lnsurance Policy Endorsemerrt BLANKET WAIVEB OF OUR BIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Componsation lnsuranco G. Bccovory F om Others and Part Two - Employers' Liability lnsuranco H, Bocovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement lrom us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3olo. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated lnsurers, takes effect on the Policy Effective Date ol said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. i:4iii* Eg : 8 a a B E Hiiift$i'+. o Copyright CNA All Rights Reserved Form No: G'19160-8 (11-1997) Endors€ment EIfectivB Dator EndoGement Expiration Date: Endorsoment No: 2; Page: 1 of 1 Underwriting Company: Transportation lnsurance Company, 151 N Franklin St, Chicago. lL 60606 Policy No: WC 7 12207914Policy Effective Date: 02101 1 2023 Policy Page: 13 ot 15 LESSOB . ADDITIONAL INSURED AND LOSS PAYEE CNA Business Auto Policy l'olit;y tr ttlor se r r re r r t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modilied by the endorsement. This endorsement changss the policy effective on the inception date of the policy unless another date is indicated below. Named lnsured: BAILPBOS PARENT, LLC Endorsement Effective Oats: 02lO1 12022 SCHEDULE lnsurance Company: Valley Forge lnsurance Company Policy Number: 7 012207 931 Ellective Oatet O2lOl 12022 Expiration Oatet 02 lO1 12023 Named lnsured: RAILPROS PARENT, LLC Address: 1320 GREENWAY DB STE 490 tRVtNG, TX 75038-2690 Additional lnsured (Lessor): Address: Designation Or Description Of "Leased Autos": Coverages Limit Of lnsurance Liability Comprehensive Collision Actual Cash Value Or Cost Of Repair, Whichever ls Less, Minus $'l ,000 Deductible For Each Covered "Leased Auto'' Specilied Causes Of Loss Actual Cash Value Or Cost Of Repair, Whichever ls Less, Minus Deductible For Each Covered "Leased Auto" Policy No: BUA 7012207931 Policy Effective Datet 02lO1t2023 Policy Pager 35 of 209 ' Copyright lnsurance Services Office, lnc., 201 1 S 1 ,000.000 Each"Accident" Actual Cash Value Or Cost Of Repair, Whichever ls Less, Minus $1,0O0 Deductible For Each Covered "Leased Auto" Form No: CA 20 01 10 1 3 Endorsement Effective Dat€i Endorsemsnt Expiration Date: Endorsement No: 28; Pag6l 1 of 2 Underwriting Company: Valley Forg€ lnsurance Company, I51 N Franklin St, Chicago, lL 60606 CNA Business Auto Policy Policy Endorsement lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any "loased auto" designatsd or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2, Fot a "leasod auto" designated or described in the Schedule, the Who ls An lnsured provision under Covered Autos Liability Coverage is changed to include as an "insurad" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injuty" or "proporty damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "omployce" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorsement apply to any "loasod auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payablo Clauso 1, We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a " leasod auto". 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3, lf we make any payment to the lsssor, we will obtain his or her rights against any other party. C. Cancellation 1. lf we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. lf you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreemont. D. The lessor is not liable for payment of your premiums. E. AdditionalDofinition As used in this endorsement: "Loased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra " auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. [1,:iit+ffi Er;iltl HT& 8 5 aa I EForm No: CA 20 01 10 I 3 Endorsomont Ettectivq Oate: Endorsom€nt Expiration Date: Endors€m€nt No: 28; Paget 2 ol 2 Underwriting Company: Valley Forge lnsuranco Company, '151 N Franklin St, Chicago, lL 60606 Policv No: BUA 7012207931 Policy Etfective Date: 0210112023 Poticy Pase: 36 ol 209 6 Copyright lnsurance Services Offics, lnc., 201 1 B s FiII CNA CNA PARAMOUNT Blanket Additional lnsured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the lollowing: COIVIUERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: l. WHO lS AN INSURED is amended to include as an lnsured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability lor bodily iniury, property demage or perconal and advertising inlury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the per{ormance ol your ongoing operations subjecl to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the waitten contract requires you to provide lhe additional insured such coverage; and 2. this coverage part provides such coverage. ll. But if the written contract requires: A. additional insured coverage under the 1 1 -85 edition, l0-93 edition, or 10-01 edition of CG2010, or under the 1O- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. addltional insured coverage to the greatest extent permissible by law; then paragraph l. above is deleted in its entirety and replaced by the following: WHO lS AN INSURED is amended to include as an lnsured any person or organization whom you are required by witt€n contract to add as an additional insured on this coverage part, but only with respecl to liability for bodily iniury, property damage or personal and advertising iniury arising out ol your work that is subjecl to such written contracl. lll. Subject always to the terms and conditions ol this policy, including the limits of insurance, the lnsurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. lV. The insurance granted by this endorsement to the additional insured does not apply to bodily iniury, property damage, or personal and advertising inlury arising out of: A. the rendering of, or the lailure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or lailing to prepare or approve maps, shop drawings, opinions, reports, surveys, lield orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work lor which the additional insured is specilically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMEBCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other lnsurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: cNA75079XX (10-16) Page 1 ot 2 Policy No: 7 072207 9 45 Endorsement No: 18Natll Fire Ins Co of Hartford Effective Date: o2/Of/2022 lnsured Name: RATLPROS PAREnfrf, LLC Copydght CNA All Righls Bssaryod. lncludes copyrighlgd matodal ol lnsuranco SoMtces Ollic6, tnc., with its p€rmission- CNA CNA PARAMOUNT Blanket Additional lnsured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory lnsurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution trom such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured, But except as specilied above, this insurance will be excess of all other insurance available to the additional insured. Vl, Solely with respect to lhe insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties ln The Event of Occurrence, Offense, Claim or Suit is amended with the addilion of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the lnsurer written notice of any claim, or any occurrence or offense which may result in a claimi 2. send the lnsurer copies of all legal papers received, and otheMise cooperate with the lnsurer in the investigation, delense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or seltinsurer, whose policy or program applies to a loss that the lnsurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The lnsurer has no duty lo defend or indemnify an additional insured under this endorsement until the lnsurer receives written notice ol a claim from the additional insured. Vll. Solely with respect lo lhe insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in etlect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily iniury or property damage; or 2, the offense that caused the personal and advertising iniury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. This endorsement, which lorms a part ol and is for attachment to the Policy issued by the designated lnsurers, takes effect on the etfective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and with said P rr;i lrt ffi* : 8 & B t E lncludes copyrighted matedal ol lnsurance Seruicos Ottlc6. lnc., wilh its pofinission cNA75079XX (10-16) Page 2 ol 2 Nat'1 Fire Ins Co of HarEford INSUTEd N ME: RAILPROS PARENT, LLC Copydghl CNA All Rights R6serued. Policy No: Endorsement No: Ef{ective Date: 7072207945 18 02/0!/2023 All other terms and conditions of the Policy remain unchanged, expires concurrently E/i sft EeT Certificate No: 57009765581 5 AON Wednesday, February 1, 2023 To whom it may concern: Following a concentrated effort to reduce our environmental tootprint and provide timely certificate delivery, Aon will begin delivering our Certificates of lnsurance electronically in PDF format. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Certiticate No: 570097655815) for future renewals: - Visit aon.com/e-cert; or - Utilize the QR Code below to enter/validate your information. lf your email address has changed or will be changing in the future, or you no longer require this certificate, please let us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. MSC# 17755lAon P.O. Box 1447 Lincolnshire, lL 60069 r.;i;fi HEJ* I 5 c I a H I I tr 1 I I t:4ii*ffi Department of Finance City of Menifee 29844 Haun Road Menifee CA 92586 USA