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2023/02/01 RailPros Field Services, Inc. (4)A(:ORi)o CERT!FICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER: 570097949522 REVISI N NUMBER: E ! - tirt';t* EEE OATE(MWOOATYYY) 02123t2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGhTS UPON THE CERTIFICATE HOLDEB. THIS CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OB ALTER THE COV€BAGE AFFOBDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUBER(S), AUTHOBIZEO BEPRESENTATIVE OF PRODUCER, AND THE CERTIFICATE HOLOER. IMPORTANT: ll the conificato holdor is an ADDITIONAL INSURED,lho policy(aes) must h.ve ADDITIONAL INSURED provisions or be qndorssd. ll SUBBOGATION lS WAIVEO, subj6ct to the torms and condltions ol tho policy, cerlain policios may requirs an endorsement. A stalement on this certilic.to doo3 not conler rights to ths canificato holdor in liou ol such endors9ment(3). lfqof;,.,r, <eoot zar-zrzz PBOOT'CEF aon Risk services Southwest, Inc oal las rx offi ce 5005 Lyndon I lohnson Freeway sui t€ 1500Dallas Tx 75244 usa INSUATA{$ AFFOROING COVEFAGE 2s018ITBUnEFA: North arerican Capacity Ins co 20508Ii.SUFEFAT valley Forge Insurance Co 20478INSUFEACT Nationa'l Fire Ins, Co, of Hartford IrasuREa Dr ahe continental Insurance company 1s289 )0494|MiURER E: Transportation Insurance Co 24119tMiuFEF F: Allied world surp'lus Lines rnsurance co II€UFEO Rai'lPros Field servi ces, rnc 1320 Green[ay or, suite 490rrvinq Tx 75038 usa FV THAT THE POIiEIES OF INSUFANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSUBED NAMED ABOVE FOF THE POLICY PERIOD INOICATEO, NOTWITHSTANDING ANY BEQUIREMENT, TEBM OR CONDITION OF ANY CONTFACT OR OTHEfi DOCUMENT WITH BESPECT TO WHICH THIS CERTIFICATE i\,lAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEBEIN IS SUBJECT TO ALL THE TEBMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS Limits shown oro a8 rsquollod THIS IS TO CEBTI LIMITSPOLICY NUMAEFTYPE OF INSI'BANCE $1,000,000 $1,000,000PBEM SES (Ea occurc.c6) $15 ,000MED EXP (Any ono poBon) 11,000,000PEFSONAL & AOV INJUBY t2,000,000GENEPALAGGBEQATE 12,000,000PFODIICTS - COMP/OPAGG 7012207945 02/t))./2u2COMMEFCIAL GEI.IEFAL LIABILITY GEN'LAOGAEGATE LIMIIAPPLIES PEF. CLAIMS-MAOE OCCUF LOCJECT COMEIN'O SINGIE LIMIT 51,000,000 EOOILY INJUFY ( Per p66on) SOOILY IfUURY 1P6. accdenl) s1,000 7012207931 02/o1/2023 02/ol/2024a OWNEO Arjros oNr-Y HIFEO AUTOS SCHEDULED NON-OWNEO AUTOSONLY x AUTOMOAILE LIABIIIIY EACH OCC!FRENCE $10,000,000 AGGREGATE $10,000,000 UMBFELLALIAB EXCEgg IIAB OCCUF CLAIMS.MADE 7012207900 srR applies per policy ter 02/01/2O23 ns & condi' 02/ot/2o24 :ions D ETENTON oIHx s1,000,000EL EACH ACCIOENT E,L OISEASE.EAEMPLOYEE t1,000,000 E L OISEASE.POLICY LIMIT J1,000,000 7012207928 AO5 70722079r4 CA 02 /oL/2023 02/ot/2oz 02/o!/zaa4 02/01/2024 WONXEFS COMPENSATION AND EMPLOYEFS' LIABITITY ANY PAOPNIETOR/ PAf]TNEF / EXECUIIVE OFFICEA/MEMBER EXCLUDEO? DESCRIPTION OF OPEFATIONS b6l!* D E Each clai Limit Aggregate Limit $t 0,000,000t10,000,00002/ot/202, ns & condil 02/or/2024 :ions 03105773Prof. Li ab. - claims-Made srR applies per policy ter Architects & Enoi neersProfessiona'l DESCFtptrOr{ OF OpEFATTONS / IOCATIOI|S / VEHICLES IACOFO 101, &dlllon.l Fadartt s.h.duL, oav br dlrch.d The citv of Menifee. its counci'lmembers. officers, aqents and employees are in(1uded as Additional Insureds in accordan(e withiii; ;;ii.;'r;;;i|i;ris ii ir'i ci,Ciji-riitiiiti-poliii. ihe cene'bt iiabi tity pq icy includes.coverase for cross.L!abilitv andcont;a.tual Liabilitv. rhe Autorcbile Liability policy includes <overaqe for all owned, hrred and non-orvned vehrcles. a walver 6i i'rii""ii""-ii qiinted-in iu'oi oi it'e Addiiibnal insureds in accorilalce wit! the policv plovisions of the Genera1iirriiiiil'rJioiouiie iiiuiiitv ina woirers conpensation/Emp]oyers Liabi'lity poli(ies. A!l policies evidenced herein are;;i;;i;-:;d N;;-a;;titouiorv ii, oit'er ins,.riance avai'lable tb Aaditional .tnsirrads, bu! only in a((ordance with the Policvprovisions. Umbre'l'la Liability po]icy fo'llows form. 30 days'written notice of cancellation, nonrPnewa I or materral change rn ll mor. !p&e '! riqok.d) z a)o q- =r tl,li#t E[ii CERTIFICATE HOLDER CANCELLATION @1988-2015 ACOBO CORPORATION. AII rights reserved. The ACOFD name and logo are iegistered marks ol ACORD I 8 3 8 I g SHOUID ANY OF THE ABOVE DESCAIBED POLICIES BE CANCELLEO BEFOFE TiIE EIPIRATION DATE IHEFEOF, NOTICE WILT SE DEUVEREO IN ACCOROA{CE WTH IHE POLTCY PROVTSIONS, .M.@/9*.*.%"d**3- AIJTHORIZED BEPFESENTATIVEDepartment of Fi nancecitv of Menifee29844 Haun RoadMenifee ca 92586 usA ACORO 25 (2016/03) (800) 353-0105 f=I sI]EE] AGENCY CUSTOMEF lD: 570000086191 LOC #:.q<:G)>"ADDITIONAL REMARKS SCHEDULE Page - of _ AGEI,ICY Aon Risk Services Southwest, Inc. NAMEO INSUFEO Rai I Pros Field services, rnc. POL]CYNUMBEB See certificate Number: 570097949522 See Certi fi cate Number: 570097949522 NAIC COOE EFFECTIVE OATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certilicat€ of Liability lnsurance INSURER(S) AFFORDING COVERAGE NAIC # INSURI.]R INSI JRI]R l\\l Ri Ir lNstiRltR AI)I)I'TI()NAI, PoI,ICII.]S If a policy bclow docs not include limit information, refer to the conesponding policy on the ACORD ccnificatc torm for policy limits. tNst{t,tt TITEO! INST RAN('Ii ADI'I- INSD SI BR POLICY ETTECTIVI]I.rtPtRt\no! l)At1: l.rlIts AIJTOMOBIL E LIABlLITY B 70L220793L 02/07/2023 02/0L/2024 col I i sionoeductib'le $1,000 IItIIII IIIlrlIIllIrtlllIrrl tII IlIl ACORD 101 (2O,0Ei0l) The ACOAD n6fi€ and logo aro rsgl3lored marts oTACORD @ 2008 ACOBD CORPOBATION. All righB reserv€<t. acENcY cusToMER tD: 570000086191 LOC #:or-fu ADDITIONAL REMARKS SCHEDULE eage - of - AGEIrcY Aon Risk services southwest, rnc.Rai I Pros Field services, rnc. see certi fi cate ttumber: 570097949522 see certi fi cate Number: 570097949522 NAIC CODE EFFECT VE OATE. ADDITIONAL BEMARKS THIS AODITIONAL BEMARKS FOEM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FOBM TITLE: Certiticato of Liability lnsurance Addltionaloe6cdptio. ol Op6rar on6 / L@ation! /V6hiclosipolicies (or 10 days' notice of prem'ium non-payment) w'il1 be provided to the cert'ificate HoldeLin accordancewith the po l'i cy provisions. ffi I 8 $I ft 3 EI ffi acoFD 10r (20o8/or ) Th€ aCORD nrme and logo a.e rogi3ler€d marks ol aCOBD O 2008 ACOao CORPORATION. Allrights reserved. AGENCY CUSTOMER l0i 5 70000086191 LOC #: .A.<:< >fran"ADDITIONAL REMARKS SCHEDULE Page _ of -AGENCY Aon Risk Services Southwest, Inc. NAMEO INSUFEO RailPros Field serv'i ces, rnc. see Cert ifi cate Number: 570097949522 See Certi fi cate Number: 570097949522 NA|C COOE EFFECTIVE OATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORO FORM, FORM NI.JMBER:ACORD 25 FORM TITLE: Certi,icate ol Liability lnsurance Addendum Pol i cy * G71488573005u/w: westchester Fire Insurance company7en[i 2/U2023 - 2/L/2024Limit $10,000,000 occlAgg Excess ACOAD r0r (200&01) TheACORD n.m€ and lo9o 5r. rsgiit€r€d ma.ks otACORD @ 2008 ACOaO CORPOnAflON. Allrights rese.vsd. AOOITIONAL REMABKS CNA CNA PARAMOUNT Additional lnsured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement This endorsement modilies insurance provided under the tollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional lnsured Person(s) Or Organization(s) RA]LPROS CONSOLIDATED, INC Location(s) Of Covered Operations lnlormation required to complete this Schedule, if not shown above, will be shown in the Declarations. 11'J:dtIT'IJlilL+ I R 8 ltii:;ttIii(filIc:{} 8 $ E I E Copyright, ISO Prcperties, lnc.. 2004 cG 20 10 (07-04) Page 1 of 2Nat'L Fire Ins Co of Hartford INSUTEd NAME: RAILPROS PARENT, LLC Policy No: Endorsement No: Etfective Date: 7012207945 t4 02 / 01- /2023 CNA A. Section ll - Who ls An lnsurod 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 operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: bodily injury or properly damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf ol the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out ol which the injury or damage arises has been put to its intended use by any person or organization other lhan anothsr contractor or subcontractor engaged in performing operations for a principal as a part of the same project, cG 20 10 (07-04) Page 2 ot 2Nat.'l Fire Ins Co of Hartford lnsured Name: RATLPRoS PARENT, LLc Policy No: Endorsement No: Eflective Date: 707220794s !4 02/07/2O23 Copyright, ISO Proporties, lnc.. 2004 CNA PARAMOUNT Additional lnsured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement CNA CNA PABAMOUNT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVEBAGE PART SCHEDULE Name Of Additional lnsured Person(s) Or Organization(s) n And Descri ton rations lnformation required to complete this Schedule, il not shown above, will be shown in the Declarations t'.ijitEffi N a a : : r,li{ttlil€Erit 8 E 8 EacG 20 37 (07-04) Page 1 ol 2Nat'1 Fire Ins Co of Hartford InsuTed NAME: RAILPROS PARENT, LLC Policy No: Endorsement No: Effeclive Date: 7012207945 t6 02/0L/2023 Copyrighl, ISO Properti€s, lnc., 2004 Addltional lnsured - Owners, Lessees or Contractors - Completed Operations Endorsement RAILPROS CONSOLIDATED, INC CNA CNA PARAMOUNT Additional lnsured - Owners, Lessees or Contractors - Completed Operations Endorsement 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 or property damage caused, in whole or in part, by your work at the location designated and described in the schedule of this endorsement performed tor that additional insured and included in the products-completed operationshazard. cG 20 37 (07-04) Page 2 ol 2 Nat ' 1 Fire Ins Co of Hartford lnsured Name: RATLPRoS PARENT, LLC Policy No: Endorsement No: Effective Date: '7 072207945 75 a2/07/2023 Copynghl, ISO Properlies. lnc-, 2004 CNA CNA PARAMOUNT Limited Contractual Liability - Railroads Endorsement This endorsement modilies lnsurance provided under the following COMMERCIAL GENERAL LIABILITY COVEHAGE PAHT SCHEDULE Scheduled Railroad: ANY RAILROAD AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Designated Job Site: A],L INSURED .]OBSITES WITHTN THE COVERAGE TERRTTORY OF THIS PART lnformation 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 pertormed lor, or affecting, a Scheduled Railroad at a Designated Job Site, the section entitled DEFINITIONS is amended to delete paragraphs c. and f. the definition ol insured contract and replace them with the following: c. Any easement or license agreement; f. Thal part of any other contract or agreement pertaining to a Named lnsured's business (including an indemnitication of a municipality in connection with work performed for a municipality) under which a Named lnsured assumes the tort liability ol another party to pay for bodily iniury or property damage to a third person or organization, provided the bodily iniury or proporty damage is caused, in whole or in part, by a Named lnsured or those acting on the Named lnsuted's behalr. However, such parl ol a contracl or agreemenl shall only be considered an insured contract to the extent a Named lnsurod's assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contracl or agreement. Paragraph f. does not include that part of any conlract or agreement: ( f ) That indemnilies an architect, engineer or surveyor lor iniury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, sunveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instruclions, or lailing to give them, it that is the primary cause of the injury or damage: (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. liii:;t* l+rC: g* R p Ha tiii:#tIJfiJ:E4_Sf 8 a EcNA74825XX (1 -1s) Page 1 of 2 Policy No Endorsement No 10\220'7 945 10 02/ot/2023Nat,l Fire Ins Co of Hartfoxd Etfective Date: lnsured Name: RAILPROS PARENr, LLC Copydghl CNA All Rlghls R6sol6d. tncludeG copydghtod mat€dal ol lrEurance SeNlces Olfice, lnc., with lts pormission CNA CNA PARAMOUNT Limited Contractual Liability - Railroads Endorsement All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part ol and is for attachment to the Policy issued by the designated lnsurers, takes effect on the eftective date ol said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrenlly with said Policy. cNA74825XX (1-15) Page 2 ol 2 Policy No: Endorsement No: 70L2207945 10 02/0L/2023Nat'l Fi.re Ins Co of HarEford Efiective Date:INSUTEd NAME: RAII,PROS PARENT, LIrC Copydghl CNA All Rlghts Hes€rved. lncltd66 copydghled maledal ol lnsuranco SoMces Ollloe, lnc., with its pemtssion I R I a : - - tiii:+dt [!& CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PABT as follows. lf any other endorsement attached to this policy amends any provision also amended 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 3. Additional lnsured - Extended Coverage 4. Boats 5. Bodily lnlury - Expanded Detinition 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 tor Reasonable Force 12. ln Rem Actions '13, lncidental Health Care Malpraclice Coverage 15. Legal Liability - Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircratl Coverage '19. Non-owned Watercraft 20. Personal And Advertising lnlury - Discrimination or Humiliation 21. Personal And Advertising lniury - Contractual Liability 22. Prcperty Damage - Elevators 24, Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver ol subrogation - Blanket 27. Wrap-Up Extension: OCIP, CCIP or Consolidated (Wrap'Up) lnsurance Programs I I a EaCNA74858XX (1-1s) Page 1 of 18Nat'l Fire Ins Co of HarEford lnsured Name: RAITJPROS PARENT, LLC Copyrighl CNA All Rights Ros€Nod. Policy No: Endorsement No: Etfective Date: 70t2207945 9 02 / 07 /2023 lncludss copyrighled malerialol lnsurance S€rvrces Ollice, lnc., wilh lls pemission. 1 1. General Aggregate Limits of lnsurance - Per Loeation 14. Joint VenturedPartnership/Limited Liability Companies 23. Retired Partners, Members, Directors And Employees frjifi[ffi CNA CNA PABAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO lS AN INSURED is amended to include as an lnsured any person or organization described in 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 contract or agreement: (1) is cunently in effect or becomes etfective duringthe term oithis Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) lhe offense that caused lhe personal and advertising iniury, ,or which such additional insured seeks coverage. b. However, subject always to lhe terms and conditions of this policy, including the limits ol 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 lhan 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 organization's tiability for bodily iniury, property damage or personal end advertising iniury arising out ol: 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 performed 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 Namod lnsured and covered under this insurance but only with respect to such co-owner's liability for bodily iniury, property damage or personal and advertising inlury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named ln$ured, but only wrth respect to liability tor bodilyiniury, propedy damage or personal and advertising inlury caused in whol6 or in pari by the Name-d lneured'! acts or omissions, or the acts or omissions of those acting on the Named lnsured,s behallj a. in connection with the Named lnsured's premises; or b. in the performance ol the Named lnsured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily iniury, property damegeor personal and advertislng inlury arising out of the rendering of or failure to render any [rofesiionil servicEs by, on behalf ol, or for the Named lnsured, includlng but not limited to: cNA74858XX (1-15) Page 2 ot 18Nat'l Fire Ins Co of Hartsford INSUTEd NAME: RAILPROS PARENT, LLC Copynghl CNA All Bights RessN€d. Policy No: Endorsement No: Etlective Date: 70L2207 945 9 02 / oL/ 2023 lncludes copyighted matsrial o, Inslrancs Seruices Ofiice, lnc., with its psrmbsion CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or lailing to prepare or approve, maps, shop drawings, opinions, reports, surveys, lield orders, change orders or drawings and specificalions; or 2. supervisory, inspection, architectural or engineering activities. D. Les8or ot Equipment Any person or organization from whom a Named lnsured leases equipment, 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 maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily iniury, properly damage or the oflense giving rise to such personal and advertising iniury takes place prior to lhe termination of such lease. E- Lessor of 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 lnlury arising out o, the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily iniury, property damage or the otfense giving rise to such personal and advertising iniury takes place prior to the termination ol such lease. The coverage granted by this paragraph does not apply to structural alteralions, new construction or demolition operations performed by, on behalt of, or tor such additional insured. F. Lessor ol Premises An owner or lessor of premises leased to the Nam6d lnsured, or such owner or lessor's real estate manager, but only with respect to liability for bodily iniury, property damage or personal and advertising iniury arising out of the ownership, maintenance or use of such part ol the premises leased to the Named lnsured, and provided that the occurence giving rise to such bodily iniury or property damage, or the oflense giving rise to such personal and advertising iniury, takes place prior to lhe termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new conslruction or demolition operalions performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability tor bodily iniury, property damage or personal and advertising iniury arising out of the Named lnsured's ownership, maintenance, or use of a premises by a Named lnsured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolilion operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions - Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with raspect to such state or governmenlal agency or subdivision or polilical subdivision's liability for bodily inlury, property damage or personal and advertising iniury arising out ol: 1. the following hazards in connection with premises a Named lnsured owns, renls, or controls and to which this insurance applies: a. lhe existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, ol decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use ol any elevators covered by this insurance; or Policy No: Endorsement No: Etlective Date: [tifitrn rF-iT4 a a F E E liii:{nl'rffiQ;EI cNA74858XX (1-15) Page 3 of 18Nat'1 Fire Ins Co of Hartford INSUTEd NAME: RATLPROS PARENT, LLC Copydghl CNA All Bighls Bos€rvod. 101-2207945 9 02 / 0r /2a23 licludes copyrighl6d matedal ol lnsurance Services Ollic€, lnc., with its permission CNA Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named lnsured or on a Named lnsurod's behalf. The coverage granted by this paragraph does not apply to: a. Bodily iniury, property damage or personal and advertising iniury arising out ol operations performed lor the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the lnsurer will treat as a written contract any governmental permit that requires lhe Named lnsured to add the governmental entity as an additional insured. Trade Show Evont Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter 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 iniury, property damage or personal and advertising iniury caused by: a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Namod lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the kade 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 operatlons hazard. 2. AOOITIONAL INSURED - PRIMARY AND NON.CONTBIBUTORY TO ADDITIONAL INSUBED'S INSURANCE The Other lnsurance Condilion in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: ll the Named lnsured has agreed in writing in a contracl 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 from that other insurance. For the purpose ol lhis 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 other insurance available to such person or organization. 3. ADDITIONAL INSURED - EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO lS AN INSURED is amended to make the tollowing natural persons lnsureds. ll the additional insured is: a. An individual, then his or her spouse is an lnsured; b. A partnership or joint venture, lhen its partners, members and their spouse8 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 officers, directors and shareholders are lnsureds; CNA74858XX (1 -15) Page 4 of 18Nat.'1 Fi"re Ins Co of Hartford INSuTed Name: RAILPROS PAREMT, LLC Copynght CNA A[ Biqhrs Besorv€d. Policy No: Endorsemenl No: Effective Date: '10L220'7 945 9 02/0r/2023 lncludos copyrighled malenalof lnsuranc€ Services O,ric6, tnc.. with ils psrmission CNA PARAMOUNT CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respeclive roles within their organizations. Please see the ESTATES, LEGAL REPBESENTATIVES, AND SPOUSES provision ol this endorsement for additional coverage and restrictions applicable to spouses of natural person lnsureds. 4. 80ATS Under COVERAGES, Coverage A - Bodily lniury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercratt: This exclusion does nol apply to: Any watercraft owned by the Named 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 injury is deleted and replaced by the lollowing: Bodily iniury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by thal person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCUHRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Ottense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named lnsured must give the lnsurer or the lnsurer's authorized representative notice oJ an occurrence, offense or claim only when the occurrence, oflense or claim is known to a natural person Named lnsured, to a partner, executive officer, manager or member of a Named lnsured, or lo an employee designated by any of the above to give such notice. B. NOTICEOFOCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named lnsured lails to give the lnsurer nolice of an occurrence, otfense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily iniury or property damage is not covered under this Coverage Parl. However, the Named lnsured shall give written notice ol such occurrence, oflense or claim to the lnsurer as soon as the Named lnsured is aware thal 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 entirety 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 etfective date of this Coverage Part; or b. by reason of a Named lnsured creating or acquiring the organization during the policy period, qualifies as a Named lnsured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingenl or otherwise, which provides coverage to such organizalion, or which would have $ s 3 c : Ir+ifiliIaELt !4 I 3 E 9 E ECNA74858XX (1-15) Page 5 oI 18Nat'1 Fire Ins Co of Hartford INSUTEd NAME: RAILPROS PARENT, LIJC Copy ght CNA All Rights Bes€Ned. Policy No: Endorsement No: Effective Date: 7 0L2201945 9 02/07/2023 lncludss copyrighled maledalol lnsulanc€ SoMcas Ollic6. lnc.. wilh lls permlssion. r##tirt iEt !4 CNA provided coverage but for the exhauslion ol it6 limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization tor which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose ol this provision, management control means: A, owning interests representing more than 50'/" of the voting, appointment or designation power lor the selection of a majority ol the Board ol Directors ol a corporation; or B, having the right, pursuant lo 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 of 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 after 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 ceasos. 5. The insurance provided by this Coverage Part applies to Named lnsureds when trading under their own names or undet such other trading names or doing-business-as names (dba) as any Named lnsured should choose to employ. 8. CONTRACTUAL LIABILITY - RAILROADS With respect to operations performed wilhin 50 leet ol railroad property, the delinition of insured contract is replaced by the tollowing: lnsured Contract means: a. A contract for a lease ol premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by lire to premises while rented to a Named lnsured or temporarily occupied by a Named lnsured you with permission of the owner is not an lnsured 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 of any other contract or agreement pertaining to the Named ln3ured's business (including anindemnilication of a municipality in connection with work performed lor a municipality) under which the Named lnsured assumes the tort liability of another party to pay lor bodily iniury or properti damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absencs of any contiact or agreement. Paragraph l. does not include that part ol any contract or agreement: oNA74858XX (1-15) Page 6 of 18Nat'1 Fire lns Co of Hartford lnsured Name: RAILPROS PARENT, LLC Copynght CNA All Ftighrs Ftssorved. Policy No: Endorsement No: Effective Date: 7012207945 9 02 / ot/ 2023 lnclud€s clpynghted maledal ol lnsuranco SsNicos Orllco, lnc.. whh its pemission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement q CNA CNA PARAMOUNT (1) That indemnifies an architect, engineer or surveyor for 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 specilications; or (b) Giving directions or instructions, or failing to give them, il that is the primary cause of the injury or damage; (2) Under which the lnsured, il an archilect, engineer or surveyor, assumes liability lor an injury or damage arising out o, the insured's rendering or lailure to render protessional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, execulors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person lnsured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out ol their capacity 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 lor any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of 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 o, the Named lnsured's business, 10. EXPECTED OB INTENDED INJURY- EXCEPTION FOR REASONABLE FOBCE 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 following: This insurance does not apply to: Expected or lntended lniury Bodily iniury or property damage expected or intended lrom the standpoint ot the lnsured. This exclusion does not apply to bodily iniury or property damage resulting trom the use ol reasonable force to protect persons or property. 11. GENEHAL 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 lor the sum of: 1. All damages under Coverago A, except damages because ol bodlly iniury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at lhat location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other Iocation. B. AII: 1. Damages under Coverage B, regardless of the number of locations involved; l;ii;ifrHft 3 e E g 8 $I 3 E ll:,i:#t bi# lncludos copydghled maleial ol lnsurance Services Ollice, lnc., wlh ils petmission CNA74858XX (1-15) Page 7 ol 18 NaErI Fire Ins Co of Hartford INSUTEd NAME: RAILPROS PARENT, LLC Copydqhl cNA AllFights Bes€ €d. Policy No: Endorsement No: Effective Date: 701,2207945 9 02 / 0L/ 2023 Architects, Engineers and Surveyors General Liability Extension Endorsement CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily iniury or property damage included in the products-completed operations hazard; and 3. Medical 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 of this GENEBAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named lnsured owns or rents; or 2, a premises not owned or rented by any Named lnsured at which the Named lnsu.ed is performing operations pursuant lo a contract or written agreement. ll operations at such a location have been discontinued and then restarted, or if lhe authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose ol determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of.way ol 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 Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular locatron. E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard, regardless ol the number of locations involved, will reduce the Products-Completed Operations Aggregate Limil shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modilied by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulaled. 12, IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or tor the Named lnsured, or chartered by or for the Named lnsured, will be treated in th6 same manner as though the action were in personam against the Named lnsured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily inlury that arises out ol a health care incident: A. Under COVERAGES, Coverage A - Bodily lniury And Property Oamage Liability, the lnsuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the ,otlowing: b. This insurance applies to bodily iniury provided that the professional health care services are incidental to the Named lnsured's primary business purpose, and only if: (1) such bodily iniury is caused by an occurrence that takes place in the coverage territory. (2) the bodily iniury lirst occurs during the policy period. All bodily lniury arising from an occurrence will be deemed to have occurred al the time of the first act, error, or omission that is part of the occurrence; and oNA74858XX (1-1s) Page 8 of 18NaE'l Fire Ins Co of Hartford lnsured Name: RATLPRoS PARENT, LLc Copyrighl CNA All Righls Resorvsd. Policy No: Endorsement No: Eftective Date: 7 0L2207945 9 02 / 0L/2023 lrrcludos copyright€d material ol lnsurance Setuicos Ollic6, tnc., wilh its permission CNA CNA PAHAMOUNT 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 i, the bodily iniury arising from a health care incident is covered by olher liability insurance available to the ln8ured (or which would have been available but lor exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability ths 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 the 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 status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation ol law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of: e. prolessional health care servlces on behalf of the Named lnsured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional 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. Physiclan; R a c li:.i:fi*It-trrthE 8 3 8 ! HI lrEludes copyightod materialot lnsurence Ssrvicos Olfice, lnc., wlh ils psmission CNA74858XX (r-15) Page I of 18Nat'1 Fire fns Co of Hartford lnsured Name: RAILPROS PARENT, LLC Copytighl CNA AllRights Re3€rvod. Policy No Endorsement No Effective Date 70t2207945 9 02/ 0:./2023 tili-*tlk'+[E-Irla CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Efiension 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 protessional; or Protessional health care servicss does not include any services rendered in connection with human clinical trials or product testing. ii, delete the definition of occurrence and replace it with the following: Occurrence means a health car6 incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constilute a single occurrence; iii. amend lhe definition of lnsured to: a. add the following: the Named lnsured's employess are lnsuleds with respect to: (1) bodily iniury to a co-employee while in the course ol the co€mployee's employment by the Named lnsured or while perlorming duties related to the conduct ol the Namod lnsured's business; and (2) bodily iniury to a volunleer worker while performing duties related to the conduct of the Named lnsured,s business; when such bodily inlury arises out of a health caro incident. the Named lnsured's volunteer workers are lnsured8 with respect to: (1) bodily iniury to a co-voluntcer worker while performing duties related to the conduct of theNamed lnsured's business; and (2) bodily inlury to an employee while in the course of the employeo's employment by the Named lnsured or while perlorming duties related to the conduct ol the Named lnsured's business; when such bodily iniury arises oul of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of paragraph 2.a.(1) ol WHO tS AN |NSURED. D. The Other lnsurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with thefollowing: other lnsurance cNA748s8XX (1-1s) Page 10 ol 18NaLrl Fire Ins Co of Hartford lnsured Name: RATLPRoS PARENT, LLC Copyrloht CNA All Righls Resorved. Policy No: Endorsement No: Efrective Date: 7072207945 9 02/ 07/2023 lnclud€s copyright€d matodal ot Insurance Seryices Olllce, tnc., wfth its psmission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess lnsurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, excepl tor insurance purchased specifically by the Named lnsur6d to be excess of this coverage. 14. JOINT VENTURES / PABTNEBSHIP / LIMITED LIABILITY COMPANIES A, Past Joint Ventures, Partnerships, Limited Liability Companies The tollowing is added to WHO lS AN INSURED: lf the Named lnsured was a joinl venlurer, partner, or member of a limited liability company and such joint venlure, partnership or limited liability company terminated prior to or during the policy period, such Named lnsured is an lnsured with respect to its interest in such joint venlure, partnership or limited liabilily company but only to the extent that: a, any otfense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising iniury arising out ot such offense, first occurred after such termination date; b. the bodily inlury or property damage first occurred after such termination date; and c, there is no other valid and collectible insurance purchased specifically lo insure the partnership, joint venture or limited liability company. lf the joint venlure, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, lhen such insurance will always be considered valid and collectible for the purpose ol paragraph c. above. But this provision will not serve to exclude bodily iniury, property damage or personal and advertising iniury that would otherwise be covered under the Architects, Engineets And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGBAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation ln Current Protessional Joint Ventures The following is added to WHO lS AN INSURED: The Named lnsured is also an lnsursd for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one ot the Named lnsured's co-venturers are architectural, engineering or surveying lirms only; and b. There is no other valid and colleclible insurance purchased specifically to insure the joint venture. However, the Named lnsured is an lnsured only lor the conduct of such Named lnsured's business within such a ioint venture. The Named lnsured is not insured lor liability arising out ol the acts or omissions of olher co- venturers, nor ol their partners, mombers or employees. C. WHO lS AN INSURED is amended to delete its last paragraph and replace it wth the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (il any), no person or organization is an lnsured with respect to the conduct ol any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. l;',',:frI#I I P a 8 liii:;tt[H 8 s ts 2 8 g CNA74858XX (1-15) PolicY No: Page 11 ol 18 Endorsement No:Nat'l Fire Ins Co of Hartford Etlective Date: INSUTEd NAME: RAILPROS PARENT, LIJC Copydght CNA All Rlghb Reserv€d. lncludos oopydghted matedal oI lnsurarrc€ SeMces Ollice. lnc., wilh hs permission. 70L2201945 9 02/0L/2023 CNA Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY - OAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSUREO'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Covsrage A - Bodily lniury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion l. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: i. Damage to Property Property damage to: (1) Property the Named lnsured owns, renls, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoralion or maintenance ol such property lor any reason, including prevention ot injury to a person or damage to anothefs property; (2) Premises the Named lnsured sells, gives away or abandons, il 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 of the lnsured; (5) That particular part ol real property on which the Named lnsured or any confactors or subconlractors 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 ot any property that must be restored, 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 rented lo the Named lnsured or temporarily occupied by the Named lnsured wrth the permission ol the owner, nor to the contents of premises rented to the Named lnsured for a period of 7 or lewer consecutive days. A separate limit of 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) of 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) of this exclusion do not apply to property damage to: i. tools, or equipment the Named lnsured borrows lrom others, nor ii. other personal property ol others in the Named lnsured's care, custody or conlrol while being used in the Named lnsuted's operations away from 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. property that is mobile equipment leased by an lnsured; CNA74858XX (1-15) Policy No: Page 12 ot lS Endorsemerit No:Nat'l Fire Ins Co of Hartford Effective Date:lnsured Name: RATLPRoS PARB{T, LLC Copydghl CNA All Bighls Reso od. lncludgs copyrighted matorial of lnsura0c6 Sorvlceg Ollice, lnc., wlth its pormlsabn. 7012207945 9 02 / oL/2023 CNA PARAMOUNT CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transil; or e. any portion of property damage lor which the lnsured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but lor application ol one of its exclusions. A separate limil of insurance and deductible apply to such property ol olhers. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A - Bodily lniury 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 fire to premises while rented to a Named lnsured or temporarily occupied by a Named lnsured with permission of the owner, nor to damage to the contents ot premises rented to a Named lnsured tor a period of 7 or fewer consecutive days. A separate limit ol insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is addod to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the lnsurer will pay under Coverage A for damages arising out ol any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named lnsured's care, custody or conlrol, 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 ol 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 settlemenl. lf the lnsurer exercises that right, the Named lnsured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Bented To You Limit, ot LIMITS OF INSURANCE 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 lor damages because ol property damage to any one premises while rented to the Named lnsured or temporarily occupied by the Named lnsured with the permission of the owner, including contents of such premises rented to the Named lnsured tor a period of 7 or fewer consecutive days. The Damage To Premises Bented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Renled To You Limit shown in the Declarations. E. Paragraph 4.b.(lXaXii) ol the Oher lnsurance Condition is deleled 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. LIOUOR LIABILITY Under COVERAGES, Coverage A - Bodily lniury and Property Damage Liability, the paragraph entitled Exclueions is amended to delete the exclusion entitled Liquor Liability. This LIOUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. f:,',r'r4[dfi a 3 a a Irt# EdH 8 g : E a lrrludos copyrighled materialol lnsuranco Services Office, lnc., wth its permission oNA74858XX (1-1s) Page 13 of 18 NaE'1 Fire Ins Co of Hartford lnsured Name: RAILPROS PARENT, LLC Copyrighl CNA All Righle Ressrv€d. Policy No Endorsement No Effective Date 7012207945 9 02 / 0L/2023 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEOICAL 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 l\,4edical Expense Limit is the most the lnsurer will pay under Coverage C for all medical expenses because of bodily iniury sustained by any oneperson. The Medical Expense Limit is the greater of: (1) $15,000 unless a differenl amount is shown here: gN,NNN,NNN,NNN: or (2) the amount shown in the Declarations tor Medical Expense Limit. B. Under COVERAGES, the lnsuring Agreement of 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 ol the date of the accident; and 18. NON-OWNEDAIRCRAFT Under COVERAGES, Coverage A - Bodily hiury and Property Damage Liability, the paragraph entitted Exclueions is amended as follows: The exclusion entitled Aircraft, Auto or Watercratt is amended to add the lollowing: This exclusion does not apply to an aircraft not owned by any Named lnsured, provided that: 1. the pilol in command holds a currently eflective certilicate issued by the duly constituted authority ol the Uniled Slates 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-OWNEO WATERCRAFT Under COVERAGES, Coverage A - Bodily lniury and Property Damage Liability, the paragraph entitledExclusions is amended to delete subparaglaph (2) of the exclusion entitled Airc.aft, Auto or Witercraft, 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 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY -DISCBIMINATION OB HUMILIATION A. Under DEFINITIONS, the definition ol personal and advertising inlury is amended to add the fo owing tort: Discrimination or humiliation that results in injury to the te6lings or reputation of a natural person. B. Under COVERAGES, Coverage B - Personal and Advertising lnjury Llability, the paragraph entiledExclusions is amended to: 1' delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it wth the following: cNA748s8XX (1-1s) Page 14 of 18Natrl Fire Ins Co of Hartford lnsured Name: Ri\rLPRos PARENT, LLc Copydghl CNAA[ Righrs Roseruod. Policy No: Endorsement No: Efrective Date: 70L2207 945 9 02 / o! /2023 lnclud€s copyrighlsd nalerial ol lmuranco Seryicos Otlic6. tnc., with its pormigsion CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Anolher Personal and advertising iniury caused by or at the direction ot the lnsured with the knowledge that the act would violato the rights of another and would inflict per8onal and advertising iniury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation ol a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named lnsured; or (b) any executive oflicer, director, stockholder, partner, member or manager (if the Nemed lnsured is a limited liability company) of the Named lnsured. 2. add the tollowing exclusions: This insurance does not apply lo: Employment Related Discrimination discrimination or humiliation directly or indirectly relaled to the employment, prospective employment, past employment or termination of employment of any person by any lnsuted. Premises Related Oiscrimination discrimination or humiliation arising out of the sale, rental, lease or sublease or prospective sale, rental, lease or sublease ol any room, dwelling or premrses 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 ADVEFTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an lnsured derives solely lrom Provision 1. ADDITIONAL INSURED of lhis endorsement: 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 Contractuel Liability. B. Solely tor the purpose ol the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, th6 lollowing changes are made to the section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the lollowing: 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 of the lnsured and the interests of the indemnitee: 2. The tirsl unnumbered paragraph beneath Paragraph 2.1,(2Xb) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the lnsurer in the defense of that indemnitee, necessary litigation expenses incurred by the lnsurer, and necessary litigation expenses incurred Policy No: Endorsement No: Effective Date: 111i:;ttItif,Eltr:E aI - ltii:;t*lli[E[r:E 8 3 I I I CNA74858XX (1-15) Page 15 ol 18Nat'l Fire Ins Co of Hartford lnsured Name: RATLPRoS PARENT, LLc Copydghl CNA All Rigtns Reservsd. 7012207945 9 02 / oL/2O23 lflcludes copyrlght€d matoialol lnsulance Seruices Ollice, lnc., wilh its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors Genera! Liability Extension Endorsement by the indemnitee at the lnsurer's request will be paid as delense costs. Such payments will not be deemed to be damages lor personal and advertising inlury and will not reduce the limits of insurance. C. This PERSONAL AND AOVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does nol apply if Coverage B -Personal and Advertising lniury Liability is excluded by another endorsemenl attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - 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 lnlury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) o, the Damage to Prop€rty Exclusion do not apply to property damege that results from the use of elevators. B. Solely lor the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Olher lnsurance conditions is amended to add the lollowing paragraph: This insurance is excess over any ol the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use ol elevators. 23. RETIBEO PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO lS INSURED is amended to include as lnsureds natural persons who are retired partners, members, directors or employees, but only for bodily iniury, property damage or personal and advertising iniury that results from services perlormed lor the Named lnsured undor the Nemed ln6ured's direct supervision. All limitations that apply to employoes and volunteer workers also apply to anyone qualifying as an lnsured under this Provision. 24. SUPPLEMENTARY PAYMENTS Th6 section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost ol bail bonds and replace it with a $5,OOO. limiti and B. Paragraph 1.d. is amended to delete the limit oi $250 shown for daily loss of earnings and replace it with a S1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS lf the Named lnsu,ed unintentionally lails to disclose all existing hazards al the inception date of the Named lnsured's Coverage Part, the lnsurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBBOGATION - BLANKET Under CONDITIONS, the condition entitled Transter Of Rights Ot Recovery Against Ohers 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 ofpayments the lnsurer makes lor injury or damage arising out of: 1. the Namod lnsured's ongoing operations; or 2. your work included in the products-completed oporations hazard. However, this waiver applies only when the Named lnsured has agreed in writing to waive such rights of recovery in a written contracl or written agreement, and only if such contract or agreement: CNA74858XX (1-1s) Page 16 of 18Nat.'l Fire Ins Co of Hartford lnsured Name: RATIJPRoS PARENT, LLc Copyright CNA AllRighls Bsse ed. Policy No: Endorsement No: Etfective Date: 701,2207945 9 02 / o7 /2023 lrrcludas copyrighlsd material ol lnsurance SeMces Oftice, lnc.. wilh tts pomission I 3 htitt\)rs CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement f. is in eftect or becomes eflective during the term of this Coverage Part; and 2. was execuled prior to the bodily iniury, property damage or personal and advertising inlury giving rise lo the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATEo (WBAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to 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. lf the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled lnsurance Programs (O.C.l.P.) or Contractor Controllod 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 Named Insured is or was involved, this exclusion does not apply to lhose sums the Named lnsured become legally obligated to pay as damages because of: 1. Bodily iniury, property damage, or personal or advertising inlury that occurs during the Named lnsured's ongoing operations at the project, or during such operations ol anyone acting 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 of the project that are not residential structures. B. Condition 4, Other lnsutance is amended to add the following subparagraph a.b'(1Xc): This insurance is excess over: (c) Any ol the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named lnsured as a result ot 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 definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition projecl lor which the prime contractor/proiect manager or owner of the construclion project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the proiect, such as an Owner Controlled lnsurance Program (O.C.l.P.) or Contractor Controlled lnsurance Program (C.C.l.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; 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 lerm care facilities, hotels or motels. Besidential structure also does not include hospitals or prisons. 8 I CNA74858XX (1-15) Policy No: Page 17 o, 18 Endorsement No: Nat,1 Fire Ins Co of Harctford Effective Date: INSUTEd NAME: RAILPROS PARENT, IJI,C Copyright CNA All Bighls Resolvod. lnclud€s copyrighted mat€dal ol llrsulance S€Mces Ofiice, lnc., wilh ils pomission 7012207945 9 02 / or/ 2023 [ff CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIOATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise 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 lor attachment to the Policy issued by the designated lnsurers, takes etfect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. cNA74858XX (1-15) Page 18 of 18Natrl Fire Ins Co of Hartford Eftective Date; INSUTEd NAME: RAILPROS PARBfrT, LLC Copynghl CNA All Rights Res€Ned. lncludss copydghted maloriEl ol lnsuranco SqMces Office, lnc., with tts pomission. Policy No: Endorsem6nt No: 70L2201945 9 02/ot/2o23 CNA CNA PABAMOUNT General Aggregate Limit - Per Project Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. For each single construclion or service project away from premises the Named lnsured owns or rents, a separate Project General Aggregate Limit, equal to the amount ol the General Aggregate Limit shown in the Declarations, i6 the most the lnsurer will pay for the sum ol: A. all damages under Coverage A, except damages because ol bodily inlury or property damage included in the products-completed operations hazard; and B. all medical expenses under Coverage C; that arise trom occurrences or accidents which can be attributed solely to ongoing operations at thal project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. ll. A : A. damages under Coveiage B, regardless of the number of locations or proiects involved; B. damages under Coverage A, caused by occurrences which cannol be atlributed solely to ongoing operations at a single project, except damages because of bodily inlury or property damage included in lhe 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 proiect, will reduce the General Aggregate Limit shown in the Declarations. lll. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Flented To You and for Medical Expense continue to apply, but will be subject to eilher the Prolect 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 proiect. lV. When coverage for liability arising out ol the products-completed operations hazard is provided, any payments for damages because of bodily iniury or prop€rty damage included in the products-completed operations hazsrd will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number ol projects involved. V. lf a single construction or service project away trom premises owned by or renled to the Named lnsured has been abandoned and then restarted, or if the authorized contracting parties deviate Irom plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. Vl. The provisions of LIMITS OF INSURANCE not otheMise modilied by this endorsement shall continue to apply as stipulated. All other terms and conditions ol the Policy remain unchanged expires concurrently with said Policy, I 8 ti:.i,ii* iElLii 8 3g EcNA75061XX (1.15) Page 1 of 1Nat'1 Fire Ins Co of Hartford lnsured Name: RAILPRoS PARENT, LLC Copyrighl CNA AllRiohls Resoru8d. Policy No: Endorsement No: Etfective Date: 1072207945 L2 02/07/2023 lncludes copydghled malaialol lnsulance Sstuices Otflc€, lnc., wllh ils pomission This endorsement, which lorms a part of and is for attachment to the Policy issued by the designated lnsurers, takes effect on the effeclive date of said Policy at the hour stated in said Policy, unless anolher effective date is shown below, and IE,*l;lli CNA CNA PARAMOUNT Primary and Noncontributory - Other lnsurance Condition Endorsement This endorsement modilies insurance provided undor the following: COMMERCIAL GENERAL LIABILITY COVEHAGE PART PRODUCTS/COIVPLETED OPERATIONS LIABILITY COVERAGE PAHT It is understood and agreed that the condition entitled Other lnsurance is amended to add the following: Primary And Noncontributory lnBurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek conlribution from 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 lrom any other insurance available to the additional insured. All other terms and conditions ol the Policy remain unchanged. This endorsement, which forms a part ol and is lor attachment to the Policy issued by the designated lnsurers, takes et ect on the effective date ot said Policy at the hour stated in said Policy, unless another etfective date is shown below, and expires concurrently with said Policy- & a a CNA74987XX (1-1s) Policy No: Page 1 of 1 Endorsement No:NaC'l Fire Ins Co of Hartford Effective Dato: INSUTEd NAME: RAI]TPROS PARENT, IJLC Copyighl CNA All Righls Rosoryod. Includos copydghl€d mal6rial of lnsuranc€ Selvlcs8 Olllco, lno., wnh lts pomlsslon 7 01,2207 945 02/0L/2023 CNA CNA PARAMOUNT Cancellation - Nonrenewal - Texas Wherever used in this endorsement: 1) lnsurer means "we", "us", "oui' 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 cancellatron, non-renewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON.RENEWAL A. CANCELLATION 1. The lirst Named lnsured may cancel the policy at any time. To do so, the first Named lnsured musl return the policy to the lnsurer or any of its authorized representatives, indicating the effective date ol cancellation; or provide a written notice to the lnsurer, stating when the cancellation is to be etfeclive. 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 tim-e and lor any reason within the first sixty (60) days. Notice of cancellation, stating the reason lor iancetlation, must be mailed at leasl ten (10) days prior to the effective date of such cancellation to the first Named lnsured at the address shown on the policy. 3. After this policy has been in etfect lor sixty (60) days or more, or il it is a renewal or conlinuation of a policy issued by the lndurer'(and il Paragraph 5. below is not applicable), it may be canceled for one or more of the following reasons: a. Non-payment ol 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 of the risk covered by the policy; ore. lf the lnsurer is placed in supervision, conservatorship, or receivership and the cancellation is approved or directed by the supervisor, conseryator 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 eflective date of such cancellation. The grounds for such cancellation shall aiso be stated. lf the lnsurer cancels for non-payment ol premium, notice of cancellation will be mailed at least ten (10) days prior to the effective dale of such cancellation. 4. Notice of cancellation will state the date the cancellation is eftective. The Policy will end on that date, lf notice is mailed, prool of mailing will be sufficient prool ol notice. 5. ln addition to the cancellation 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 cancels this policy, the lnsurer musl also mail or deliver written notice of cancellalion at least 60 days before the etfective bate'of cancellation to each unit-owner to whom the lnsurer issued a certificate or memorandum of insurance and will, at the request of the lirst Named lnsured, provide a written stalement ol the reason or reasons for such cancellation. 6. The following applies to Business Property or Business Crime coverage on a governmental unit,.as defined under 28 TEX. ADilllN. CODE, Section 5,7001 or to Business Property Coverage on one- and two-lamily dwellings: a. lf this policy has been in effect for less than 90 days and is not a renewai of a policy the lnsurer issued, the lnsurer may cancel coverage for any reason. f.rj#i tsi+L a a : tiii:-dt$iffEiaI I 8 3 I IJ8cNA62814TX (01-20) Page 1 ol 3Nat'1 Fire Ins Co of Hartford lnsured Name: RATLPRoS PAREN|, LLc Policy No: Endorsement No: Effective Date: 7 0).220'7 945 31 02 / 01/ 2023 Copynghl CNA All Rights Beserv€d. CNA CNA PARAMOUNT Cancellation - Nonrenewal - Texas b. It this policy has been in effecl ,or 90 days or more or is a renewal of a policy the lnsurer lssued, the lnsurer may cancel coverage only for the lollowing reasons: (1) l, the tirst Named lnsured does not pay the premium or any portlon of the premium when due;(2) lf the Texas Deparlment ol lnsurance determines that continuation of this policy would result in violation of the Texas lnsurance Code or any other law governing the business of insurance in Texas;(3) lf the ,irst Named Insured submits a fraudulent claim; or(4) ll there is an increase in the hazard covered by this policy that is within the control of any Named lnsured and would produce an increase in the premium rate of lhis policy. lf such coverage is cancelled, the lnsurer will, at the request of the first Named lnsured, provide a written statement of lhe reason or reasons for such cancellation. B. PREMIUM REFUNO lf this policy is cancelled, the lnsurer will send the first Named lnsured any premium relund due. ll lhe lnsurer cancels the relund will be pro rata. It the first Named lnsured cancels, the refund may be less than pro rata. The cancellationwill be effective even if the lnsurer has not made or offered a refund. The notice of cancellation will state that unearned paid premium, il not tendered, will be refunded on demand. lf Paragraph A.5. above is applicable, the refund will be pro.rata if: 1. The lnsurer cancels the policy; or 2. The first Named lnsured cancels this policy because: a. The lnsurer refused to provide additional coverage which the first Named lnsured requested under this policy; or b. The lnsurer reduced or restricted coverage under the policy without the consent of the first Named lnsured. The refund wjll be less than pro-rata if the lirst Named lnsured cancels this policy for a reason other lhan those listedin 2.a. and 2.b. above. C. NON.RENEWAL 1. lnsurer can non'renew the policy by mailing or delivering advance writlen nolice to the lirst Named lnsured, at thelast mailing address known to the lnsurer, not later than the 6oth day before the expiration date. The notice shallinclude the reason for such nonrenewal. c, 2. 3 l, the lnsurer mails or delivers the required renewal notice later than the 6orh day before the expiration date,coverage shall remain in effect until the 61st day after the date on which notlce is deiivered or mailed. The earnedpremium lor any period of coverage that exlends beyond the expiration date ot this policy shall be computed pro-rata based on the previous year's rate. A transfer of a policyholder between two admittsd companies within the same insurance group is nol considered arefusal to renew. ln addition to.the non-renewal provisions described above, the following applies to Business property Coverageon a condominium association that contains at least one residence or if th6 condominium declaiations conformwrth the Texas Unilorm Condominium Act: lf the Inslrer non-renews this policy, the lnsurer must also mail or deliver writen notice ol nonrenewal at least 60 days_. before the expiration or anniversary date of this policy, lo each unit-owner to whom the lnsurer issued acertificate or memorandum of insurance. cNA62814TX (01-20) Page 2 of 3Nat.rl Fire Ins Co of Hartford INSUTed Name: RAILPROS PARENT, LLC Copyrigni CNA All Bights Bsserved Policy No: 7ot22o7 94s Endorsement No: 37 Etfective Date: 02/ o7/ zo23 CNA CNA PARAMOUNT Cancellation - Nonrenewal - Texas The lnsurer will mail or deliver such notice to each last mailing address known to the lnsurer. lf notice is mailed, prool ot mailing will be sutficient prool ol notice. 4. Business Property Coverage - One- And Two-Family Dwellings And Governmental Property a. 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 lirst Named lnsured and any mortgageholder shown in the Declarations, at least 60 days belore the expiration date. Proof of mailing will be sufficient prool of notice. The lnsurer will, at the request of the first Named lnsured, provide a written statement ol the reason or reasons for such nonrenewal. d. Claims That Do Not Result From Natural Causes (1) It the lnsurer has previously notified the first Named lnsured as provided in (2) below, the lnsurer may refuse to renew coverage if a Named lnsured has filed under this policy, in any three year period, three or more claims that do not result from natural causes. (2) ll a Named lnsured has filed two such claims in a period of less than three years, the lnsurer may notify the first Named lnsured in wnting that, if the same Named lnsured files a third such claim during the three year period, the lnsurer may reluse to Ienew 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 PROVISIONS The lnsurer may not cancel or non-renew based solely on the fact that the lnsured is an elected oflicial This endorsement, which forms a part of and is for attachment to lhe Policy issued by the designated lnsurers, lakes effect on the effective date ol said Policy at the hour staled in said Policy, unless another effective date is shown below, and expires concurrenlly with said Policy liii:;i*ffi aI - liii:ii*ffi 3I I g cNA62814TX (01-20) Page 3 of 3Nat.'l Fi-re Ins Co of Hartford lnsured Name: RAILPROS PARENT, LLC Policy No: Endorsemenl No: Effective Date: Copy,ight CNA All Righls Roserv€d ll the lnsurer lails to give the first Named lnsured proper notice of our relusal to renew, the first Named lnsured may require us to renew the policy. b. The lnsurer may elect not to renew such coverage lor any reason, subject to the exceplions and limitations in Paragraphs c. and d. below. c. The lnsurer will not refuse to renew coverage solely because of claims for losses resulting from nalural causes. All other terms and conditions of the Policy remain unchanged. 10!2201945 37 02 / 0L/ 2023 CNA Workers Compensation And Employers Liability lnsurance Policy Endorsernerrt t We have the right to recover our payments trom 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 perform work under a written contract that requires you to obtain this agreement ftom us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Any person or organization for which the employer has agroed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for 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, Sched ule 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 Effective Date oi said policy at the hour stated in said policy, unless another effective date (the Endorsement Eriective Date) is shown below, and expires concurrently with said policy unless another oxpiration date is shown below. WAIVEB OF OUR RIGHT TO RECOVEB FROM OTHERS ENDOBSEMENT Form No: WC OO 03 13 lO4-1984) Endorssment Ellectivo Datg: Endorsement Expiration Date: Endors6m6nt No: 5; Psge: I ot 1 Undorwriting Compsny: The Continental lnsurence Company, 151 N Franklin St, Chicago, lL 60606 Policy No: WC 7 12207929 Policy Effectiv€ Dat6: O2lO1l2O23 Policy Pago: 99 ol 124 Copyright 1983 National Council on Compensation lnsurance CNA Workers Compensation And Employers Liability lnsurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS 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 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. Form No: G-19160-8 {1'l-1997) Endorsoment Eftoctive Date: Endorsement Expiration Date: Endorsement No:2; Page: I of 1 Underwriting Company: Transponation lnsuranca Company, '151 N Franklin Sr, chicago, lL 60600 f''i-mEiaii I E t 5Policy No: WC 7 12207914 Policy Ett ective D ate : Q2 l 0 l 1 2O23 Policv Page: l3 of ! 5 t-;trElsr . Copyright CNA All Rights Roserved This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation lnsurancs G. Becovery From Others and Part Two - Employers' Liabilily lnsurance H. Recovery F.om Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHABGE - Befer 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 3%. All other terms and conditions of the policy remain unchanged. CNA Business Auto Policy Policy Endorsement I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modilies insurance provided under the tollowing: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FOBM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modif ied by the endorsement. This endorsement changes the policy etrective on the inception date ol the policy unless another date is indicated below. Named lnsured: RAILPROS PARENT, LLC Endorsement Effective Oatet Q2lO1 12023 LESSOR . ADDITIONAL INSURED AND t PAYEE SCHEDULE lnsurance Company: Valley Forge lnsurance Company Policy Number: 7 01 2207931 Etrective Datei 02lO1 12023 E ration Date: A2lO1 /2024 Named lnsured: RAILPROS PARENT, LLC Address: 1320 cREENWAY DB STE 490 tBVrNG, TX 75038-2690 Additional lnsured (Lessor): Address: Designation Or Description Of "Leased Autos": Coverages Limit Of lnsurance S 1 ,000,000 Each"Accidonr" Comprehensive Collision Actual Cash Value Or Cost Of Repair, Whichever ls Less, Minus $1,000 Doductible For Each Covored "Leased Auto" Specitiod Causes Ol Loss Actual Cash Value Or Cost Of Repair, Whichever ls Less, Minus Deductible For Each Covered "Leased Auto" r Form No: CA 20 01 'l O 13 I Endor""-"nt Effective Dat€: Endorsoment Expiration Dato: Endo.sement No: 28i Pagei 1 ol 2 Underwriting Company: Valley Foroe lnsurance Company, l6,l N Franklin St, Chicago, lL 60606 Policy No: BUA 7012207931 Policy Ettectivo Oatot O2lO1l2023 Policv Pago: 35 ol 209 o Copyright lnsurance Sorvic€s Office, lnc., 201 1 Liability Actual Cash Value Or Cost Ol Repair, Whichever ls Less, Minus $ 1 ,000 Deductible For Each Covered "Leased Auto" CNA Business Auto Policy Policy Endorsernerrt lnformation required to complete this Schedule, iI not shown above, will be shown in the Oeclarations. A. Coverage 1. Any "leased auto" designated or described in the Schodule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, the Who ls An lnsured provision under Covored Autos Liability Covsrage is changed to include as an "inaursd" the lessor named in the Schedule. However, ths lessor is an "insured" only for "bodily iniury" 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 "omployse" or agent of the lessor, operating a "loasod auto" with the permission of any of the above. 3. The coverages provided under this endorsement apply to any "l6asod 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 Payable Clauso 1. We will pay, as interest may app6ar, you and the lessor named in this endorsement for "loss" to a " leased aulo". 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 lessor, we will obtain his or her rights against any other party. C. Cancollation 1, lf we cancel th6 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 notics to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for psyment of your premiums. E. Additional Definition As used in this endorsement: "Leased 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. I1t:i:tBH Fri:;i1BH 6 3 c EForm No: CA 20 01 10 1 3 Endors€ment Etfective Dste: Endorsement Expiralion Date: Endorsement No: 28; Page: 2 of 2 UnderwritinO Company: Vall6y Forge lnsuranco Companv, 151 N Franklin St, Chicago, lL 60606 Policy Nol BUA 7012207931 Policy El{ective Dato: 0210112023 Poticv Pas6: 36 ol 209 d Copyright lnsurance Services Olfice, lnc., 201 1 CNA CNA PARAMOUNT Blanket Additional lnsured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement ; $5 x; E $ This endorsemont modifies insurance provided under the following: COMMERCIAL 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 damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the perlormance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respecl to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. ll. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-o1 edition ol CG2o1o, or under the 1o- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage lo 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 lnEured any person or organization whom you are required by written contract to add as an additional insured on lhis coverage part, but only with respect lo liability lor bodily iniury, property damage or personal and advertising iniury arising out of your work that is subject to such written contract. lll. Subject always to the terms and conditions of this policy, including the limits ol insurance, the lnsurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit ol insurance than required by the wriflen contract. lV. The insurance granted by this endorsement to lhe additional insured does not apply to bodily inlury, property damage, or personal and advortising iniury arising out of: A' the rsndering of, or the failure 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, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineerjng activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other lnsurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: cNA75079XX (10-1 6) Page 1 ol 2 Policy No: 1or22o1945 Endorsement No: 18Nat'1 Fire Ins Co of Hart.ford Effective Datei 02/01/2023lnsured Name: RAILPROS PARENT, LLC copynght cNA All Righls Fes6ru3d. lnclud€s copydght€d material o, lnsulanco Serutces offico, 1n6., with its p€mission. CNA CNA PAHAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontdbutory lnaurance With respect 1o 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 the insurance granted by this endorsement, the section entitled COMMEBCIAL GENEBAL LIABILITY CONDITIONS is amended as lollows: The Condition entitled Duties ln The Event ot Occurrence, Oflense, Claim or Suit is amended with the addition ot the lollowing: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the lnsurer written notice ol any claim, or any occurrence or offense which may result in a claim; 2. send the lnsurer copies of all legal papers received, and otherwise cooperate with the lnsurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the delense and indemnity ol any claim to any other insurer or sellinsurer, 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 to delend or indemnily an additional insured under this endorsement until the lnsurer receives written notice of a claim lrom the additional insured. Vll. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the lollowing delinition: Written contract means a written contract or written agreement lhat requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in etfect or becomes effective during the term of this policy; and B. was executed prior to: l. the bodily iniury or property damage; or 2. the offense that caused the perEonal and adverti3ing iniury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged This endorsement, which forms a part ot and is for attachme on the effective date of said Policy al the hour stated in said res concurrently with said Policy nt lo the Policy issued by the designated lnsurers, takes effect Policy, unless another effective date is shown below, and l;11. I tT#ii ffi 8 E a H8cNA75o79xx (10-16) Page 2 ol 2Nat'1 Fire Ins Co of Hartford INSUTCd NAME: RAILPROS PARETIT, LLC CoPydghl CNA AllFlighls R€serued. Policy No: Endorsement No: Etfective Date: 7 0].2207 945 18 02 / 01/ 2023 lncludes copyrighled matedal ol lnsuranc€ Sorvices Olrice, lnc. wilh ils permission