The URL can be used to link to this page

2023/02/01 Railpros, Inc. dba CivilPros (6)a,(:oPi)o CERTIFICATE OF LIABILITY INSURANCE VERAGES CERTIFICATE NUMBER: 570098071 633 REVISION NUMBER: .9 c I oI ffi OATE(MM/OD/YYYY) 03/01/2023 THIS CEBTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEBTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENO, EXTETID OB ALTER THE COVEBAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CEBTIFICATE HOLOER. IMPORTANT: ll tho csrtilicats holder is an AODITIONAL INSURED, tho policy(i6s) must have ADOITIONAL INSUREO provisions or 6e en<lorse<t ll SUBROGATION lS WAIVEO, subiect to ths terms and condition3 ol tho policy, cerlain policie3 may require an endorsoment. A statgment on this certilicate doos not confer righb to the certilicate holdor in liou o, such ondors6ment(3). (866) 281-7122 (800) 36r-0r.05 ADOFESS PBOOITEn Aon R'isk Services Southwest, Inc Dal'las rx office5005 Lyndon B Johnson Freewaystlite 1500 Dal las Tx 75244 usA INSUAEB(S} AFFOBOING COVEAAGE |NSUREFA: North american Capacity rns Co 25038 tNsuREF Br valley Forge Insurance co 20 508 lNsuFEFCr National Fire Ins. Co. of Hartford 20478 lNsuREF Dr rhe continenta'l Insurance company 35289 tNsuREF E: Transportation Insurance co )0494 v0 INSUFED Rai I pros, rnIl20 creenwarrvi ng rx 75 , dba civi l Prosor, suite 49038 usa NSUnEF F: a'llied Wor]d 5urp'lus Lines Insurance Co 24119 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUEO TO THE INSUBED NAMEO ABOVE FOR THE POLICY PERIOO INDICATED- NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEFTIFICATE MAY BE ISSUED OR MAY PEFTAIN, THE INSUHANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ltmt6 shown .ro 63 rcqu.stod NSO EACH OCCIJRAENCE t1,000,000 PAEMISES (Ea dcur6^c6),1.000,000 MEO ExP (Any on6 p..son)s15,000 PEBSONAL & ADV INJUBY $1.000,000 G€NEPALAGGREGAIE $2,000,000 PFODUCTS. COMP/OPAGG $2,000,000 COMM€FCIAL GE{EFAL LIASILITY GENLAGGFEGATE LNlrAPPLIES PEF x OCCUF LOCPOLICY OTHEF JECT /9ttlo /945 o2/ot/ zozl COMBLNEO SINGLE LIMIT t1,000,000 BODILY INJUFY { Per percon) BOD LY lNJUFYiPoraccdenr)SCHEOULED AUTOS NON.OWNED AIJTOS ONLY AUTOMOAILE IIAEILIIY OWNEO AUIOS ONLY 7012207911 02/01/7021 02/01/2024 $1,000 EACN OCCURBENCE $10,000,000 AGGFEGATE 510,000,000EXCESS LIAB OCCUR CLAIMS-MAOE 02/o1/2o24o BET€N'IION 70t2207900 SIR app'lies per po'licy ter 02 /oL/2O23 ns & cond'i' X OTH. E L EACHACCiOENT t1,000,000 E L, OISEASE EAEMPLOYEE 11,000,000 02/0t/2024 02/0t/2024 E,L, OISEASE,POTICY LIMIT t1,000.000 D E woa(EFs co PEl{saTtot{ lno EtltPtoYEFS' ltlg[tTY ANY PROPGI€iOA / PAATNEA i EXECUTIVE OFFICE&,iIEM6EA EXCTUOEO? OESCFI|PT|oN O' OPEFAI|oNS bd@ 70t2207924 aos 70722079L4 CA 02/0t/2021 oz/0t/z0z Each claim Lim'itAggregate Li mit ,10,000,000t10,000,000architects & Enqineers 0110577 3Prof. Liab.sIR appl ies c laims-uadeper pol'i cy ter 02/01/2023 ns & condil 02/01/2024 oEscFtPTroN oF oPEBATTONS / r-OCAlrOr{S / VEHICLES IrcOFO r01,ldd on.r F.m kr S.h.d!rr, h.y be drch.d il nor. .pr@ i. r.qun.d) citv of Menifee and its officerg, employees, aqents and authorized vowirh rhe ooli.v Drovisions of th€ Geheral Liabilitv. Automobile LidbiDolicv evidencild her€in is Primarv and Non-contributorv to other insuiccoriiance with the Doli(v's orovisions. a ldaiver of lubrooation rs emo]ovees. aoents anl authori)ed volunteers in ac(ordance wr-th the DoLiibility, u;brella Liability and ttorkers' compensation po'licies. unteers are included as Additional rnsured in aacordanceitv and umbrella Liabilitv Do'licies, ceneral Liabilitvanie available to Additio;a'l Tnsured, but only inranted in favor of Citv of Menifee and its officers.icy provisions of the eeneral tiabi lity, automobi IeI 'l 1 z Et o :r*iE ,4= # CERTIFICATE HOLDEB CANCELLATION O1988.2015 ACORD CORPORATION. Al rights reserved The ACORD name and logo are regislered marks ol ACORD 3 c E SHOULO AIiIY OF TTiE ABOVE OESCBIBEO POIICIES AE CAI{CELLED AEfOBE THE EXPIFAIION OAIE IHEREOF, NOTICE WI.L BE DELNENED IN ACCOFOANCE WTH THE POLTCY PFOVtgtoNS. -%g,/fi,*,7*"d**.9,, AIJTHORIZED PEPFESENTATIVEc'i tv of Menifee297i4 Baun Road Meni fee ca 92s68 usAffisE 5!.t ACORO 25 (2016/03) AGENCY CUSTOMER lD: 570000086191 LOC #:,A.(:ORi)*ADDITIONAL REMARKS SCHEDULE Page - of - AGENCY Aon Risk Services Southvrest, Inc. NAMEO INSIJBED Rai I pros, rnc. dba civilPros see certi fi cate Number: 570098071633 See Certi fi cate Number: 570098071613 NATCCOOc ADDITIONAL BEMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FOnM NUMBER: ACOBD 25 FORM TITLE: Certificate of Liability lnsurance INSURER(S) AFFORDING COVEFAGE NAIC # lNst rR t-.R lNSt rR I-.R INSI JRtiR INSTIRF]R At)l)tTI()NAL P()l,l('llls If a policy below does not include limit intormation, refer to the corresponding policy on the ACORD ce(ificate form for policy limits. t\sR !;IR 'rl Pl:o[ t\st tt,rNcD st aR ml_t( t \t u$ut BOLICY ETFECTIVE DATE BOLICY EXPIf,ATTON DATE tl\Ilt\ AUIOMOBILE LIAAILITY I 701220793r 02/0r/2023 02/01/2024 collisionDeducti bl $1,000 IlIlIlrTIlIlIIIIIrIrllrT IIIIIIIIII acoBD 10r (200€r/ol ) The ACOFD name and logo ars rsgistered marls oi ACOBD @ 2OO8 ACORD CORPOFATION. All rights r6s6rved. l\\l) 570000086191 .A<:<)Fifc ADDITIONAL REMARKS SCHEDULE Page - of - AGENCY Aon Risk Services Southwest, Inc. NAMED LNSUBED Rai I pros, rnc. dba civilPros POLICYNUMBEF See certi fi cate Number: 570098071631 see cert'ificate Number: 570098071633 NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS AGENCY CUSTOMER ID LOC # THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACOBD FOBM, FORM NUMBER: ACORD 25 FOBM TITLE: Certilicate of Liability lnsurance Addendum Pof icY # G71488573005u/w: i{estchester Fire rnsurance companyrefn 2/L/2023 - 2/L/2024Limit S10,000,000 occlAgq Excess lii;dtti5.li;bE4 8 E & 3I H6 ti#b4-4 acoRD 101 (2oo8io1) Th6 ACOFO nams and logo ars rogislored niarka oIACOAD O 2004 ACOBD COBPOBATION. Allrighis r8eru€d 3 R 8 8 CNA CNA PARAMOUNT Additional lnsured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement This endorsement modilies insurance provided under the following: COMMERCIAL GENEHAL LIABILIW COVEHAGE PABT SCHEDULE Name Of Additional lnsured Person(s) Or Organization(s) RAI],PROS CONSOI,IDATED, INC Location s of s lnlormation required to complete this schedule, if not shown above, will be shown in the Declarations cG 20 10 (07-04) Page 1 of 2Nat'I Fire fns Co of Hartford lnsured Name: RATLPRoS PARENT, LLC Policy No: Endorsement No: Effective Date: 7012201945 74 02/0t/2023 Copyrighl, ISO Proporii€s, lnc., 2004 CNA CNA PARAMOUNT Additional lnsured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily iniury, property damage or personal and advertising inlury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions ol those acting on your behalf; in lhe perlormance of 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 property damage occuning after: 1. All work, including materials, parts or equipment lurnished in connection with such work, on the project (other than service, maintenance or repairs) to be perlormed by or on behalt of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations ,or a principal as a part of the same project. I l,:i{itliit'! rr.:'dtffi 3 8 g EcG 20 1o (07-04) Page 2 of 2Nat'1 Fire Ins Co of Harcfoxd InsuTed NAME: RAI],PROS PARENT, LLC Policy No: Endorsement No: Effective Date: 7 0r2207 945 74 02/or/2023 Copyright, ISO Properties, lnc., 2004 a I CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Gompleted Operations Endorsement This endorsement modilies insurance provided under the following: COMMERCIAL GENEBAL LIABILITY COVERAGE PABT SCHEDULE Name Ol Additional lnsured Person(s) Or Organization(s) RAILPROS CONSOLIDATED, INC Locatien And Description Ol Completed Operations lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations cG 20 37 (07-04) Page 1 ol 2Nat'1 Fire Ins Co of Hartford InsuTed Name: RAILPROS PARENT, LLC Policy No: Endorsement No: Effective Date: 7 012201945 r6 02/0t/2023 Copyrighl, ISO Proparti€s, lnc., 2004 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 lor 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 perlormed for that additional insured and included in the products-completed operations hazard. rii*t L{a-a g 8 I 8 a a Copyright, ISO Proportl€s, lnc., 2004 cG 20 37 (07-04) Page 2 ol 2Nat'1 Fire lns Co of Hartford INSUTEd NAME: RAILPROS PARENT, LLC Policy No: Endorsement Noi Ettective Date: '70].2207 945 15 02/or/2023 Iri+\tffi CNA E 8 This endorsement modifies insurance provided under the following: COMMEBCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: Oesignated Job Site: ALL INSI]RED JOBSITES WITHIN THE COVERAGE TERRITORY OF THTS PART lnformation required to complete this Schedule, il not shown above, will be shown in lhe Declarations. It is understood and agreed that with respect to operations performed ,or, or alfecting, a Scheduled Railroad at a Designated Job Site, the section entitled DEFINITIONS is amended to delete paragraphs c. and f. lhe definition of ansured contract and replace them with the tollowing: c. Any easement or license agreement; t. That part of any other contract or agreemenl pertaining to a Named lnsured's business (including an indemnification o, a municipality in connection with work performed tor 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 property damage is causod, in whole or in part, by a Named lnsured or those acting on the Named lnsured's behalf. However, such part ol a conlracl or agreemenl shall only be considered an insured contracl to the extent a Named lnsured's assumption ol the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreemenl. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor lor iniury or damage arising out of : (a) Preparing, approving or railing to prepars or approve maps, shop drawings, opinions, reports, surveys, lield orders, change orders or drawings and specilications; or (b) Giving directions or instructions, or lailing to give them, if that is the primary cause ol the injury or damage; (2) Under which the ineured, if an architecl, engineer or surveyor, assumes liability tor an injury or damage arising out ol the insured's rondering or failure to render prolessional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. cNA74825XX (1 -15) Page 1 ol 2Nat.'l Fire Ins Co of Hartford lnsured Name: Ri\rLPRos PARENT, LLc Copyright CNA All Blghts BeseN€d. Policy No: Endorsement No: Etlective Date: '7 0L2207945 10 02 / al/ 2023 lncludes copyrighled materlal ol lnsuGnco S€lvlcos Oltice, tnc., with ils pemtssion CNA PARAMOUNT Limited Contractual Liability - Railroads Endorsement ANY RAI LROAD AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT CNA CNA PARAMOUNT Limited Contractual Liability - Railroads Endorsement All other terms and conditions ol 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 etfective date of said Policy at the hour stated in said Policy, unless anolher effective date is shown below, and expires concurrently with said Policy. nii+tft Hgj nTi:frffi 8 E & Ro ECNA74825XX (1-15) Policy No: Pagez ot2 Endorsement No: Nat,1 Fi.re Ins Co of HarEford Effective Date: INSUTEd NAME: RAILPROS PARENT, LLC Copydghl CNA All Rights FeBeryod. lncludsE copyrightod malerial of lnsurance SeMc€s Ollice, lnc., wilh lls pemlssion. 7 012201945 L0 02/oL/2023 3 a 8 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 PART as follows. l, any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect lo such provision, and the changes made by lhis endorsemenl with respect to such provision do nol apply. TABLE OF CONTENTS 1. Additional lnsureds 2. Additional lnsured - Primary And Non-Contributory To Additional lnsured's lnsurance 3. Additional lnsured - Extended Coverage 5. Bodily lniury - Expanded Delinition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named lnsured 8. Contractual Liability - Railroadg 9. Estates, Legal Representatives and Spouses '10. Expected Or lntended lniury - Exception for Reasonable Force 11. General Aggregate Limits of lnsurance - Per Location 12. ln Rem Actions 13. lncidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercralt 20. Personal And Advertising lniury - Discrimination or Humiliation 21. Personal And Advertising lniury - Contractual Liability 22. Prcpetty Damage - Elevators 23. Betired Partners, Members, Directors And Employees 24. SupplementaryPayments 25. Unintentional Failure To Oisclose Hazards 26. Waiver of Subrogation - Blanket 27. Wrap-Up Extension: OCIP, CCIP or Consolidated (Wrap-Up) lnsurance Programs cNA74858XX (1-15) Page 1 of 18Nat.'l Fire Ins Co of Hartford Insured Name: RAILPROS PARENT, IJLC Copydghl CNA AllFight6 Bes6rv6d. Policy No: Endorsement No: Effective Date: 1il))n10at 9 a2/or/2a23 lncludos copynghled matorial ol lnsurance S€ruices Ottice, tnc., with ils permission 4. Boats 15. Legal Liability - Damage To Premises CNA 1. AODITIONAL INSUREDS a. WHO lS AN INSURED is amended lo include as an lnsured any person or organizalion 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 wrilten contract or written agreement, provided such contract or agreement: (1) is cunently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising inlury, tor which such additional insured seeks coverage, b. However, subJect always to the terms and condilions of this policy, including the limits ol insurance, lhe lnsurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through l. below. Any coverage granled 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 liability for bodily iniury, property damage or personal and advertising iniury arising out of: 1. such person or organization's tinancial 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 slructural alterations, new construction or demolition operations performed by, on behall of, or for such additional insured. B, Co-owner ol lnsured Premises A co-owner ol a premises co-owned by a Named lnsured and covered under this insurance but only with respect to such co-owner's liability for bodily iniury, property damage or personal and adverlising injury as co-owner ol such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named lnsured, but only with respect to liability lor bodily inlury, property damage or personal and advertising iniury caused in whole or in part by the Named lnsured's acts or omissions, or the acts or omissions of those acting on the Named lnsured's behall: a. in connection with the Named lnsured's premises; or b, in the pertormance of the Named lnsured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily iniury, property damage or psrsonal and advertising iniury arising out ol the rendering ol or lailure to render any professional services by, on behall of, orforthe Named lnsured, including but not limited to: Policy No Endorsement No Eflective Date lfi?.tt Hft 3I E 6I E 3CNA74858XX (1-15) Page 2 ol 18Nat'I Fire Ins Co of Hartford INSUTEd NAME: RAILPROS PARENT, LLC Copytlghl CNA All Fights Beserv€d. 701,220794s 9 02/ or/ 2023 fliit+i*ffi lncludes copydghlod malodal of lnsuranco Seruic€s Ollice, lnc., with ils pomission CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or tailing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architeclural or engineering activities. D. Le$or ot Equipment Any person or organization from whom a Named lnsured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising inlury caused, in whole or in part, by tho Named lnsured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily iniury, property damage or the offense giving rise to such personal and advertising iniury takes place prior to the 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 iniury arising out ol the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily iniury, property damage or the otlense giving rise to such personal and advertising inlury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalt ol, or for such additional insured. F. Lessor ol Premises a II An owner or lessor of premises leased to the Named lnsured, or such owner or lessor's real estate manager, but only with respect to liability for bodily inlury, property damage or personal and advertising iniury arising out of the ownership, maintenance or use of such part of the premises leased to the Named lnsured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising iniury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to slructural alterations, new construction or demolition operations performed by, on behalf of, or lor such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver ol premises but only with respect to such mortgagee, assignee or receiver's liability for bodily iniury, property damage or personal and advertising injury arising out of the Named lnsured's ownership, maintenance, or use ol a premises by a Named lnsured. The coverage granted by this paragraph does not apply to structural alterations, new conslruction or demolition operalions performed by, on behalf of, or lor such addilional 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 permil or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability lor bodilyiniury, property damage or personal and advertising iniury arising out of: 1. the following hazards in connection with premises a Named lnsured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construclion, erection, or remova! of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewilk vaults, street banners, or decorations and similar exposures; or b, the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or cNA748s8XX (1-15) Page 3 of 18NatrL Fire Ins Co of Hartford INSUTEd NAME: RAILPROS PARENT, LLC Copydght CNA All Bighls Beserved. Policy No: Endorsement No: Effective Date: 10t2207945 9 02/ot/2023 lncludes copyrighl€d maledalol lnsurancs Seryices Onice, tnc., with ils pemission CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named lnsured or on a Namod lnsured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily iniury, property damage or personal and advertioing iniury arising out ot operations performed for the stale or governmental agency or subdivision or political subdivision; or b, Bodily iniury or property damage included within the products-completed operetions hazard. With respect to this provision's requirement that additional insured status must be requesled under a written contract or agreement, the lnsurer will treat as a written conlract any governmental permit that requires the Named lnsured to add the governmental entity as an additional insured. Trade Show Event Lessor 1. Wlth 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 injury, 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 Named lnsured's behalf, in the performance ol the Named lnsured's ongoing operations at the trade show event premises during the trade show evenl. 2. The coverage granted by this paragraph does not apply to bodily iniury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSUBED - PRIMARY AND NON-CONTBIBUTORY TO ADDITIONAL INSUBED'S INSUBANCE The Other lnsurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the lollowing paragraph: lf the Named lnsured has agreed in writing in a conlract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then lhis insurance is primary, and the lnsurer will not seek contribution from that other insurance. For the purpose ol this Provision 2,, the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to lhe contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organizalion. 3. ADDITIONAL INSURED - EXTENDED COVEBAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO lS AN INSURED is amended to mako the lollowing natural persons lnsureds. lf the additional insured is: a. An individual, then his or her spouse is an lnsured; b. A partnership or joint venture, then its partners, members and their spouses are lnsureds; c. A limited liability company, then its members and managers ate lnsureds; or d, An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are lnsureds; EfiU Etffi 5 8 R c 6 8 R ECNA74858XX (1-15) Page 4 of 18Nat'l Fire fns Co of HarEford lnsured Name: RAILPRoS PARENI, LLC Copyrighl CNA All Righls R6servsd. Policy No: Endorsement No: Ettective Date: 7012207945 9 02 / ot /2023 lncludes copyrighlod malorial ol lnsuranc€ SeMcos Olfico. lnc., wilh lls pomisslon E * B 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 respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision ol this endorsement for additional coverage and restrictions applicable to spouses of natural person lnsureds. 4. BOATS 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 Airctatt, Auto or Watercraft: The Named lnsured must give the lnsurer or the lnsurer's authorized represenlative notice of an occurrence, ollense or claim only when the occurrence, offense or claim is known to a natural person Named lnsured, to a partner, executive officer, manager or member ol a Named lnsured, or to an employee designated by any ol the above to give such notice. B. NOTICE OF OCCURRENCE The Named lnsured's nghts under this Coverage Part will not be prejudiced if the Named lnsured fails to give the lnsurer notice of an occurrence, ofiense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily iniury or property damage is nol covered under this Coverage Part. However, the Named lnsured shall give written notice ol such occurrence, otfense or claim to the lnsurer as soon as the Named lnsured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO lS AN INSUBED 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 lhe effective date of this Coverage Parl; 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, contingent or otherwise, which provides coverage to such organization, or which would have cNA74858XX (1-15) Page 5 of 18Nat.'l Fire Ins Co of HarEford lnsured Name: RATLPRoS PAREtrr, LLc Copyight CNA All Righls Reserv€d. Policy No: Endorsement No: Effective Date: 70!2207945 9 02/oL/2O23 lncludes copynghled malerial ol lnsurancs Seruices Oltice, lnc., with iis permission This exclusion does not apply to: Any watercraft owned by the Named lnsured that is less than 30 feet long while being used in the course of the Named lnsured's inspection or surveying work. 5. BODILY INJURY - EXPANDED DEFINITION Under DEFINITIONS, the delinition of bodily iniury is deleted and replaced by the following: Bodily inlury means physical injury, sickness or disease suslained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occur,ence, Offense, Claim or Suit is amended to add the following provisionsl A. BROAD KNOWLEOGE OF OCCURRENCE CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhauslion ol its 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 lo this Coverage Part For the purpose of this provision, management control mBans: A. owning interests representing more than 50o/o ol the voting, appointment or designation power lor the selection ol a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, lo protect, control the use of, encumber or transler or sell properly held by a trust. 4, With respect lo organizations which qualify as Named lnsureds by virtue of Paragraph 3. above, this insurance does nol apply to: a. bodily iniury or property damage that lirst occurred prior to lhe date of management control, or that tirst occurs after management control ceases; nor b. personal or advertising inlury caused by an otfense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named lnsureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named lnsured should choose to employ. 8, CONTRACTUAL LIABILITY - RAILBOADS With respect to operations performed within 50 feet of railroad property, the delinition of insured contract is replaced by the lollowing: lnsuied Contract means: a. A contract lor a lease ot premises. However, that portion ol the contract for a lease ol 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 wilh permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; t. That part ol any other contract or agreement pertaining to the Named lnsured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named lnsured assumes the tort liability of another party to pay lor bodily iniury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence ol any contract or agreement. Paragraph l. does nol include that part of any contract or agreement: rii:,,rfiht!tr Irifrhit& 3I E 9 Ia CNA74858XX (1-1s) Policy No: Page 6 ol 18 Endorsemenl No:Nat'I Fire lns Co of Hartford Effective Date: lnsured Name: RAILPRoS PARENI, LLC Copydghl CNA All Rights Beserv€d. lncludeg copy,ighl€d m6torial ol Insurance Servic€s Ofii)e. lnc., with ils p€mission 70L2207945 9 02 / o!/ 2023 a a a CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement ( l ) That indemnilies an architect, engineer or surveyor lor injury or damage arising out ol: (a) Preparing, approving or failing lo prepare or approve maps, shop drawings, opinions, reports, surveys, lield orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause ol the injury or damage; (2) Under which the lnsured, if an architect, engineer or surveyor, assumes liability lor an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, archilectural or engineering activities. 9, ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, 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, beneJiciaries and spouses only for claims arising solely out ol their capacity or status as such and, in the case of a spouse, where such cleim seeks damages from marital community property, .iointly held property or property transterred lrom such nalural person lnsured to such spouse. No coverage is provided for any acl, error or omission of an estate, heir, legal representative, or spouae outside the scope of such person's capacity or stalus as such, provided, however, that the spouse ol a natural person Named lnsured, and the spouses ol members or parlners of joint venture or partnership Named lnsuredg are lnsureds with respect to such spouses' acts, errors or omissions in the conduct ol the Named lnsured's business. 10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A - Bodily lnlury 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 intonded lrom the standpoint of the lnsured. This exclusion does not apply to bodily iniury or property damage resulting from lhe use of reasonable force lo protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE . PER LOCATION A. A separate Location General Aggregale Limil, equal to the amount ot the General Aggregate Limit, is the most the lnsurer will pay lor the sum of: 1. All damages under Coverage A, except damages because ol bodily inlury or p.operty 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 that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. AII: 1, Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15) Pag6 7 ol 18NaEll Fire Ins Co of Hartford INSUTEd NAME: R,AILPROS PARENT, LIJC Copyngn CNA All Righls Res€rved. Policy No: Endorsement No: Etlective Date: 7012207945 9 02/ 0t/2023 lnclud6s copyright€d malorial of lnsuranco Sorvic€s Onice, tnc., with hs psrmission 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 injury or property damage included in the products-completed operatlons hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be anributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PEB 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 lnsured is perlorming operations pursuant to a contract or written agreement. lf operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving lhe same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations lor Each Occurrence, lor 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 Limil, depending on whether lhe occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments Ior damages because of bodily injury or property damage included in the products-completed operations hazard, regardless of tho number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action againsl any vessel owned or operaled by or for the Named lnsured, or charlered by or for the Named lnsured, will be treated in the same manner as though the action were in personam against the Named lnsured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVEBAGE Solely with respect to bodily inlury that arises out ol a health care incident: A. Under COVERAGES, Coverage A - Bodily lnlury And Property Damage Liability, the lnsuring Agreemenl is amended to replace Paragraphs 1.b.(1) and l.b.(2) with the following: b. This insurance applies lo bodily iniury provided that the prolessional 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 first occurs during the policy period. All bodily iniury arising lrom an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of lhe occurrence; and lli,."Jtffif If,:+ft ffis 3 8 B & 8 gcNA74858XX (1-15) Page 8 of 18Nat'1 Fire Ins Co of HarEford InsuTed NAME: RAILPROS PARENT, LIJC Copydghl CNA All Bighls RaEorved. Policy No: Endorsement No: Effective Date: 7 0r220'1945 o 02/01"/2023 lrcludes copyrighted mal€ialot lnsurance Seruicos Otlice, lnc., wilh ils permission a I CNA Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A - Bodily lniury And Property Damage Liability, the paragraph entitled Excluslons is amended to: i. add the tollowing to lhe Employers Liability exclusion: This exclusion applies only if the bodily iniury arising lrom a health care incident is covered by other liability insurance available to the lnsured (or which would have been available but lor exhaustion ot its limits). ii. delete the exclusion entilled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the lnsured's actual or alleged liability under any oral or written contract or agreemenl, including but not limited to express warranties or guarantees. iii. to add the tollowing additional exclusions: Thrs 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. Medicar6/Medicaid Fraud any actual or alleged violalion ol law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incldent ,or 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 volunteet workers in the rsndering of: a. professional health care seruices 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 herlth care aervices means any health care services or the related furnishing ol food, beverages, medical supplies or appliances by the lollowing providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-1 5) Page 9 of 18Nat'1 Fi.re Ins Co of Hartford lnsured Name: RAII,PROS PARENT, LLC Copyright CNA Atl Rights ReseN6d_ Policy No: Endorsement No: Effective Date: ,nl rrn?o4q 9 02/oL/2a23 Includes copydghled malerial ol lnsuranc€ Seivices Olrice, Inc., with ils pemission CNA PARAMOUNT CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f, Dontist; g. Physical therapist; h. Psychologist; i. Speech therapist; i. Other allied health professional; or Prore$lonal health care services does not include any services rendered in connection with human clinical trials or product testing. li. delete the delinition of occurrence and replace it with the following: Occurence means a health care 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 constitute a single occurence; iii, amend the delinition of lnsured to: a. add the following: the Named lnsured's employee8 are lnsureds with respect to: (1) bodily iniury to a co-employee while in the course of the co-employee's employment by the Named lnsured or while performing duties related to lhe conduct of the Named lnsured's business; and (2) bodily iniury to a volunleer worker while perlorming duties related to the conduct ol lhe Named lnsured's business; when such bodily iniury arises out of a health care incident. the Named lnsured's volunteer workera are lnsurcds with respect to: (1) bodily iniury to a co-volunteer worker while performing duties related to the conduct of the Named lnsurod's business; and (2) bodily iniury to an employee while in the course of the employee's employment by the Named lnsured or while performing duties related to the conduct of the Named lnsured's business; when such bodily inlury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO lS AN INSUREO. D. The Other lnsurance condition is amendad to delete Paragraph b,(1) in its entirety and replace it with the following: other lnsurance I E F! Ix CNA74858XX (1-15) Policy No: Page 10 of 18 Endorsement No: Nat.'l Fire Ins Co of HarEford Effective Date: INSUTEd NAME: RAII,PROS PARENT, LLC Copyrighl CNA All Bighb Re9€ry6d. lrlcludes copyrighled matodal ol lnsul8nce Sodrc€s Olllce, lnc., with hs p€mhsbo 70L2201945 9 02/or/2023 ttir:dt HE nii:l* H& 3 c a 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, sell insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except lor insurance purchased specifically by the Named lnsured to be excess of this coverage. 14, JOINT VENTURES / PABTNEBSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO lS AN INSURED: It the Named lnsured was a joint venturer, partner, or member ol a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named lnsured is an lnsured with respect to its interest in such loint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising iniury occurred prior to such lerminalion date, and the personal and advertising iniury arising out of such of{ense, lirst occurred after such lermination datei b, the bodily injury or property damage iirst occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. lf the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible Ior the purpose of paragraph c. above. But lhis provision will not serve to exclude bodily iniury, property damage or personal and advertising iniury that would otheMise be covered under the Architects, Engineere And Surveyors GeneralLiability Extension Endorsement provision entitled WBAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidaled (wrap-up) insurance program. B. Participation ln Current Professional Joint Ventures The following is added to WHO lS AN INSURED: The Named lnsuted is also an lnsured tor participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all ol the following criteria: a, Each and every one ol the Named lnsured's co-venlurers are architectural, engineering or surveying lirms only; and b. There is no other valid and collectible insurance purchased specilically to insure the joint venture. However, the Named lnsured is an lnsured only for the conduct of such Named lnsured's business within such a joint venture. The Named lnsured is not insured for liability arising out of the acts or omissions of other co- venturers, nor of their partners, members or employees, C. WHO lS AN INSURED is amended to delete its tast paragraph and reptace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an lnsurod with respect to the conduct ol any current or past partnership, joint venture or limited liability company that is not shown as a Named lnsured in the Declarations. CNA74858XX (1-15) Page 11 of 18Nat.'l Fixe Ins Co of Hartford INSUTEd NAME: RATLPROS PARENT, IrLC Copyright CNA All Rigtns B6s€Ned- Policy No: Endorsement No: Effective Date; 7 012207945 9 02/ 0t / 2o23 lrDludos copynghtod matodalol lnsulanc€ Seruices Ottice, lnc., with ils pemission CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PBEMISES / PROPERTY IN THE NAMED INSUBED'S CARE, CUSTODY OR CONTBOL A. Under COVERAGES, Coverage 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, rents, or occupies, including any cosls or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named lnsured sells, gives away or abandons, il the property damage arises out o{ any part of those premises: (3) Property loaned to the Named lnsured; (4) Personal property in the care, custody or control ofthe lnsured; (5) That particular part of real property on which the Named lnsured or any contractors or subcontractors working directly or indirectly on the Named lnsured's behalf are performing operations, if the property damage arises out ol those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named lnsured or temporarily occupied by the Named lnsured with the permission ot the owner, nor to the contenls of premises rented to the Named lnsured lor 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) ol this exclusion does not apply to property damage included in the producto-completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to prop€rty damage to: i. tools, or equipment the Named lnsured borrows lrom others, nor ii. other personal property of others in the Named lnsured's care, cuslody or control while being used in the Named lnsured's operations away lrom any Named lnsured's premises. However, the coverage granted by this exception lo 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; E#IJE-i ffi lnclud€s copyighted rnaterial ol lnsuance SeMces Offic6, lnc., with its permission CNA74858XX (1-15) Page 12 of 18Nat'1 Fire Ins Co of HarEford lnsured Name: RATLPRoS PARENT, LLc Copyight CNA All Rlghls R6s6rvod. Policy No: Endorsement No: Effective Date: 7 01220'7 945 9 02/ 0L/ 2023 I E c E P e E ae a H CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the lnsured has available other valid and collectible insurance, or would have such insurance but fol exhaustion ol its limits, or but lor application of one ol its exclusions. A separate limit ol insurance and deductible apply to such property ol others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A - Bodily lniury and Property Damage Liability, the paragraph entilled 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 ol the owner, nor to damage to the contents of premises rented to a Named lnsured for a period o, 7 or fewer consecutive days. A separate limit ol insurance applies to this coverage as described in LIMITS OF INSUEANCE. C. The tollowing paragraph is added to LIMITS OF INSURANCE: Subject to 5, above, $25,000 is the most the lnsurer will pay under Coverage A for damages arising out ot 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 control, while being used in the Named lnsured's operations away lrom any Named lnsured's premises. The lnsurer's obligation to pay such properly damage does not apply until the amount of such property damage exceeds $1,000. The lnsurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. lf the lnsurer exercises that right, the Named lnsured will promptly reimburse lhe lnsurer for any such amount. D. Paragraph 6., Damage To Premises Bented To You Limit, ol LIMITS OF INSUBANCE is deleted and replaced by the following: 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 ol such premises rented to the Named lnsured for a period of 7 or lewer consecutive days. The Damage To Premises Rented To You Limit is the grealer of: a. $500,000; or b. The Damage To Premises Bented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the other lnsurance Condition is deleted and replaced by the lollowing: (ii) That is property insurance lor premises renled to the Named lnsured, lor premises temporarily occupied by the Named lnsured with lhe permission ol the owner; or lor personal property ol olhers in lhe Named lnsured's care, custody or control; 16. LIOUOR LIABILITY Under COVERAGES, Coverage A - Bodily lnjury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIOUOR LIABILITY Provision does not apply to any person or organization who otheMise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15) Policy No: Page 13 or'18 Endorsement No:Nat'I Fire Ins Co of HarEford Effective Date: lnsured Name: RATLPRoS PAREN|, LtrJc Copyrighl CNA All Righb Rosorv€d. lncludos copyrighl€d maledal ol lnsuEnco Selvices Ollice. lnc., with its permission 70L2207945 9 02/o!/2o23 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7, Subject to Paragraph 5. above (the Each Occurrence Limit), lhe Medicai Expense Limit is the most the lnsurer will pay under Coverago C for all medical expenses because ol bodily iniury sustained by any one person. The i,{edical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations lor Medical Expense Limit. B. Under COVERAGES, the lnsuring Agreement of Coverage C - Medical Payments is amended to replace Paragraph 1.a.(3xb) with the lollowing: (b) The expenses are incurred and reported to the lnsurer within three years ot the date of the accident; and 18. NON-OWNEDAIRCRAFT Under COVERAGES, Coverage A - Bodily lnlury and Property Damage Liability, the paragraph entitled Exclugions is amended as follows: The exclusion entitled Aircraft, Auto or Wetercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named lnsured, provided that: '1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named lnsured; and 3. the aircratt is not being used to carry persons or propeny for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A - Bodily lniury and Property Damage Liabilily, the paragraph enlitled Exclusions is amended to delete subparagraph (2) ol the exclusion entitled Aircraft, Auto or Watercratt, 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. PEBSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A, Under DEFINITIONS, the definition of personal and advertising iniury is amended to add the tollowing tort: Discrimination or humiliation that results in injury to the leelings or reputation of a natural person. B. Under COVERAGES, Coverage B - Per8onal and Advertising lniury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: n';ijJitt:lit#ItL]f 3I I &: a tsa iriif,Elsit4!ll CNA74858XX (1-15) Policy No: Page 14 ol 18 Endorsement No:Nat.'l Fire Ins Co of Hartford Effective Date: lnsured Name: RAILPROS PARB f, LLC Copydighl CNA All Rlghb Reseru€d. lncludss copydOht€d mat€del ol lnaurance Se bos Ollice. lnc., wih its p€missb.! 70L2201945 9 02 / 0r /2023 e R E 8 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights ol Another Personal and advertising iniury caused by or at lhe direction ol the lnsured with the knowledge that the act would violate the rights of another and would inllict personal and advertising iniury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of 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 otficer, director, stockholder, partner, member or manager (if the Named lnsured is a limited liability company) ol the Named lnsured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related lo the employment, prospective employment, past employment or termination of employment ol any person by any lnsured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction ol any lnsured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discriminalion. The coverage provided by this PERSONAL AND ADVEBTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an lnsured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or atlachment ot an additional insured endorsement to this Coverage Part- 21. PERSONAL ANO ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B -Personal and Advertising lniury Liability, the paragraph enlitled Exclusions is amended lo delete the excluslon entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY . LIMITED CONTRACTUAL LIABILITY provision, the tollowing changes are made to the section entitled SUPPLEMENTABY PAYMENTS - COVERAGES A ANO B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the lnsurer knows about lhe offense alleged in such suit are such that no conllict appears to exist between the interests of the lnsured and the interests ol the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the rollowing: So long as the above conditions are met, attorney's fees incuned by the lnsurer in the defense of that indemnitee, necessary Iitigation expenses incurred by the lnsurer, and necessary litigation expenses incurred oNA74858XX (1-15) Page 15 ol 18 Policy No: Endorsement No:Nat'I Fj.re Ins Co of HarEford Effective Date: INSUTEd NAME: RAILPROS PARENT, LLC Copfiohl CNA All Bighls Boserued. lnoludos clpyrighled malodal ol lrBuranc€ Se ices Oflbe, lnc., wilh its pemissbn 70L220'1945 9 02/oL/2023 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee al the lnsurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising inlury and will not reduce the limils ol insurance. C. This PERSONAL ANO ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising lniury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does nol apply to any person or organization who otherwise qualilies as an additional insured on this Coverage Part. 22. PROPERW DAMAGE - ELEVATORS A. Under COVERAGES, Coverage A - Bodily lniury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) o, the Damage to Property Exclusion do not apply to property damage that results Irom the use ol elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Other lnsurance conditions is amended to add the tollowing paragraph: This insurance is sxcess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use ol elevators. 23. RETIRED PAFTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO lS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising iniury that results from services performed for the Named lnsured under the Named lnsured's direct supervision. All limilations that apply to employees and volunteer workers also apply to anyone qualifying as an lnsured under this Provision. 24, SUPPLEMENTARY PAYMENTS The section entatled 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 $5,000. limit; and B. Paragraph l.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO OISCLOSE HAZARDS It the Named lnsured unintentionally lails lo disclose all existing hazards at the inception date ol the Named lnsured's Coverage Part, the lnsurer will not deny coverage under this Covetage Patt because of such lailure. 26. WAIVER OF SUBROGATION . BLANKET Under CONDITIONS, the condition entitled Transter Of Rights Ol Recovery Against Others To Us is amended to add the {ollowing: The lnsurer waives any right of recovery the lnsurer may have against any person or organizalion because ol payments the lnsurer makes Ior inJury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named lnsured has agreed in writing to waive such rights of recovery in a written contract or written agreoment, and only if such contract or agreemenl; ffi 3I a & H CNA74858XX (1-15) Policy No: Page 16 of 18 Endorsement No:Nat.'I Fire Ins Co of Hartford Effective Date: InsuTed NAME: RAILPROS PAREMT, LLC Copyright CNA All Fights Boseryod. lnclud€s copyrighlod materialof lnsurance Services Oflico, lnc., with its psrmission 70!2207945 9 02/or/2023 ffi e e e CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement f. is in effect or becomes etfeclive during the term ol this Coverage Part; and 2. was executed prior lo lhe bodily iniury, property damage or personal and advertising inlury giving rise to the claim. 27. wBAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (wRAP-UP) INSUBANCE PROGRAMS Note: The following provision does not apply to any public constructaon project in the state of Oklahoma, nor to any construction proiect in the state ol Alaska, lhat is nol permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. lf the endorsement EXCLUSION - CONSTRUCTION WBAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Conlrolled lnsurance Programs (O.C.|.P.) or Contraclor Controlled lnsurance Programs (C.C.l.P.) is attached, then the following changes apply: A. The rollowing wording is added to the above-referenced endorsement: With respect to a consolidaled (wrap-up) insurance program project in which the Named lnsured is or was involved, this exclusion does not apply to those sums the Named lnsured become legally obligaled to pay as damages because of: 1 , Bodily iniury, property damage, or personal or advertising inlury that occurs during the Named lnsured'6 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 ot the project that are not residential structures. B. Condition 4. Other lnsurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named lnsured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, bul 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, ereclion or demolition proiect for which the prime contractor/project manager or owner of the construction 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 slructure where 30% or more of the square fool area is used or is intended to be used lor human residency, including but not limited to: 1. single or multifamily housing, apartmenls, condominiums, lownhouses, co-operatives or planned unit developmenls; 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 ol units, residential structure does not include military housing, college/university housing or dormilories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons, cNA74858XX (1.15) Page 17 of 18Nat'1 Fire Ins Co of HarEford INSUTEd NAME: RAILPROS PARENT, LLC Copyrighl CNA All Right6 Res6lv€d. Policy No: Endorsement No: Etfective Date: 7 012201945 9 02 / 0t /2023 lncludes copyrjghled malerial ol lnsurance SeNices Oltice, lnc., wilh ils permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WBAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additaonal insured on this Coverage Part. All other terms and conditions of the Policy remain unchang€d This endorsement, which forms a part of and is for attachment to the Policy issued by the designated lnsurers, takes effect on the effective date ol said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. trirrlt 3 8 I a E H$ CNA74858XX (1-15) Policy No: Page 18 of 18 Endorsement No: NaE'1 Fire Ins Co of Hartford Effeclive Date: lnsured Name: RAILPROS PARENT, LLC Copydghl CNA A[ Rights Ros€w€d. lncludos copydghlEd malodal of lnsuranco S€rvicoE Oltice. lnc., with its perr 6slon 70L2207945 02 / ot/ 2023 3a 8 CNA CNA PARAMOUNT General Aggregate Limit - Per Project Endorsement This endorsement modifies insurance provided under the lollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART ll is understood and agreed as follows: l. For each single construclion or service project away lrom premises the Named lnsured owns or rents, a separate Project General Aggregale Limit, equal lo the amount of lhe General Aggregate Limit shown in the Declarations, is the most the lnsurer will pay lor the sum of: A. all damages under Coverage A, sxcopt damages because ol bodily iniury or property damage included in the products-completed operationB hazard; and B, all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Proiect General Aggregate Limit applicable to any other project. il. Ail: A. damages under Coverage B, regardless of the number ol locations or projects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations al a single project, except damages because of bodily iniury or property damage included in the products- completed operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannol be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. lll. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Hented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrsnce can be attributed solely to ongoing operations at a particular project. lV. When coverage lor liability arising out of the products-completed operations hazard is provided, any payments lor damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Doclarations, regardless of the number ol projects involved. V. lf a single construction or service project away from premises owned by or rented to the Named lnsured has been abandoned and then restarted, or i, the authorized contracting parties deviate from plans, blueprints, deslgns, specilicalions or limetables, such project will still be deemed to be the same project. Vl. The provisions ol LIMITS OF INSURANCE not otherwise modiried by this endorsement shall continue to apply as stipulated. All oth6r terms and conditions of the Policy remain unchanged Thjs endorsement, which lorms a part of and is for attachment to the Policy issued by the designated Insurers, 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 Polic cNA75061XX (1-15) Page 1 of 1Nat'l Fire Ins Co of Hartford Insured Name: RAILPROS PARENT, IJLC Copydght CNA All Righls F6s€rv€d. Policy No: Endorsement No: Efiective Date: 701,2207945 L2 02/ or / 2023 ln lud6s copyighl€d matodal ol lnsutance Ssruices Ottice, tnc.. with its pormission. CNA CNA PARAMOUNT Primary and Noncontributory - Other lnsurance Condition Endorsement This endorsement modities insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other lnsurance is amended to add the lollowing: Primary And Noncontributory lnsurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution lrom any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named lnsured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additlonal insured. All other terms and conditions of the Policy remain unchanged This endoBement, which torms a part ol and is for attachment to the Policy issued by the designated lnsurers, takes effect on the etlective date ol said Policy at the hour stated in said Policy, unless another eflective date is shown below, and expires concurrently with said Policy. rriii* Hs E Iriii* Hs 3 I &:I sCNA74987XX (1-15) Policy No: Page l ol 1 Endorsement No: NaE'I Fire Ins Co of Hartford E fective Date: lnsured Name: RATLPRoS PAREMT, LLc Copydgh CNA All Righls Reservod. lrnludes copyngNod filaledal ol lnsuranc€ SeMces Olflc€, lnc., rvilh (ts pomisslon. 70L2207945 20 02/oL/2023 a t CNA CNA PARAMOUNT Cancellation - Nonrenewal - Texas Wherever used in this endorsement: 1) lnsurer means "we", "us", "our" or the "Company" as those terms may be defin€d in the policyi and 2) first Named lnsured means the lirst person or entity named on the declaralions page; and 3) "lnsureds" means all persons or entities afforded coverage under the policy. Any cancellation, non-renewal or termination provisions in the policy are deleled in their entirety and replaced with the tollowing: CANCELLATION AND NON-RENEWAL A, CANCELLATION 1, The tirst Named lnsured may cancel the policy at any time. To do so, the lirst Named lnsured must return the policy to the lnsurer or any ol its aulhorized representatives, indicating the effective dale of cancellation; or provide a written notice to the lnsurer, stating when the cancellation is to be effective. 2. Unless the policy is a renewal, and il Paragraph 5. below is not applicable, lhe lnsurer has the right to cancel this policy at any ttme and lor any reason within the lirst sixty (60) days. Notice of cancellation, slating lhe reason tor cancellation, must be mailed at leasl ten (10) days prior to the effeclive date ol such cancellation to the first Named lnsured at the address shown on the policy. 3. After this policy has been in effect for sixty (60) days or more, or il it is a renewal or continuation of a policy issued by the lnsurer (and if Paragraph 5. below is not applicable), il may be canceled lor one or more ol the lollowing 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 o, 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 supeNisor, conservator or receiver. Written notice of cancellation must be mailed or delivered to the first Named lnsured at the last mailing address known to the lnsurer at least sixty (60) days prior to the etfective date of such cancellation. The grounds lor such cancellation shall also be stated, lf the lnsurer cancels lor non-payment ol premium, notice of cancellation will be mailed at least ten (10) days prior to the etlective date ol such cancellatron. 4. Notice ol cancellation will state the date the cancellation is effective. The Policy will end on that dale. It notice is mailed, proof of mailing will be sufficient proof 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 contorm w h the Texas Unilorm Condominium Act: lf the lnsurer cancels this policy, the lnsurer must also mail or deliver written notice of cancellation at least 60 days before the effective date of cancellation to each unit-owner to whom the lnsurer issued a certificate or memorandum of insurance and will, at the request of the farst Named lnsured, provide a written slatement of 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, ADMIN. CODE, Section 5.700'l or lo Business Property Coverage on one- and two{amily dwellings: a. lf this policy has been in etfect for less than 90 days and is nol a renewal of a policy the lnsurer issued, the lnsurer may cancel coverage for any reason. cNA62814TX (01-20) Page 1 of 3Nat'1 Fire Ins Co of Hartford InsuTed Name: RAILPROS PAREI{T, LLC Policy No: Endorsement No: Effective Date: 70L2207945 02/ or /2023 Copynghl CNA All Rights Resorved CNA CNA PARAMOUNT Cancellation - Nonrenewal - Texas b. lf this policy has been in effect tor 90 days or more or is a renewal ol a policy the lnsurer issued, the lnsurer may cancel coverage only for the lollowing reasons: (1) lf the tirst Named lnsured does not pay the premium or any portion of the premium when due; (2) lf the Texas Department of 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 first Named lnsured submits a fraudulent claimi or (4) lf 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 ol this policy. lf such coverage is cancelled, the lnsurer will, at the request of the first Named lnsured, provide a written statement of the reason or reasons for such cancellation. B. PBEMIUM REFUND ll this policy is cancelled, the lnsurer will send the first Named lnsured any premium refund due. lf the lnsurer cancels the refund will be pro rata. lf the first Named lnsured cancels, the refund may be less than pro rata. The cancellation will be eflective even if the lnsurer has nol made or offered a refund. The notice ol cancellalion will state lhat unearned paid premium, i, not tendered, will be relunded 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 lirsl Named lnsured requested under this policy; or b. The lnsurer reduced or restricted coverage under the policy without the consent ol the lirst Named lnsured The relund will be less than pro-rata il the first Named lnsured cancels this policy tor a reason other than those listed in 2.a. and 2.b. above. C. NON.RENEWAL 1. lnsurer can non-renew the policy by mailing or delivering advance written notice to the first Named lnsured, at the last mailing address known to the lnsurer, not later than the 60th day berore the expiration date. The notice shall include lhe reason for such nonrenewal. 2. ll the lnsurer mails or delivers the rsquired renewal notice later than the 60rh day before the expiration date, coverage shall remain in effect until the 61st day after the date on which notice is delivered or mailed. The earned premium for any period of coverage that extends beyond the expiration date of this policy shall be computed pro- rata based on the previous year's rate. A transfer of a policyholder between two admitted companies within the same insurance group is not considered a refusal to renew. 3. ln addition to the non"renewal provisions described above, the following applies to Business Property Coverage on a condominium association that contains at least one residence or it the condominium declarations conform with the Texas Uniform Condominium Act: lf the lnsurer non.renews this policy, lhe lnsurer must also mail or deliver written notice of nonrenewal at least 60 days before the expiration or anniversary date of this policy, to each unit-owner to whom the lnsurer issued a certilicate or memorandum of insurance. c li',..r,tk& 3 EI 9 aa E l'rTi:jf,ffi Copydqhl CNA All Riqhls Beserued cNA62814TX (01-20) Page 2 ol 3 NaE'1 Fire Ins Co of Hartford lnsured Name: RAILPRoS PAREN|, LLC Policy No Endorsement No Effective Date 70L2201945 02/ ot/2023 CNA CNA PARAMOUNT Gancellation - Nonrenewal - Texas The lnsurer will mail or deliver such notice to each last mailing address known to the lnsurer. lf notice is mailed, prool of mailing will be sutficient proof of notice. 4. Business Property Coverage - One- And Two-Family Dwellings And Governmental Property ll the lnsurer elects not to renew coverage on one- and two-family dwellings or on governmental units, the lnsurer will mail or deliver written notice ol nonrenewal to the first Named lnsured and any mortgageholder shown in the Declarations, at least 60 days before the expiration date. Proof ot mailing will be sufficient prool of notice. The lnsurer will, at the request of lhe first Named lnsured, provide a written statement of the reason or reasons for such nonrenewal. lf the lnsurer fails to give the lirst Named lnsured proper notice ol our refusal to renew, the first Named lnsured may require us lo renew the policy. b. The lnsurer may elect nol to renew such coverage lor any reason, subject to the exceptions and limitations in Paragraphs c. and d. below. c The lnsurer will not refuse to renew coverage solely because of claims for losses resulling from natural causes. d. Claims That Do Not Result From Natural Causes (1) lf the lnsurer has previously notified the first Named lnsured as provided in (2) below, 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 Insured has filed two such claims in a period of less than three years, the lnsurer may notify the firsl Named lnsured in writing that, if the same Named lnsured liles a third such claim during the three year period, the lnsurer may refuse lo renew coverage. (3) A claim does not include a claim that is liled but is not paid or payable under this policy. D. OTHER CANCELLATIOT.I/NONBENEWAL PROVISIONS The lnsurer may not cancel or non-renew based solely on the lact that the lnsured is an elected otficial. All other terms and conditions of the Policy remain unchanged This endorsement, which forms a part of and is tor anachment to the Policy issued by the designated lnsurers, takes eflect on the elfective date ol said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrenlly with said Policy. a E 8 cNA62814TX (01-20) Page 3 of 3Natrl Fire Ins Co of HarEford INSUTEd Name: RAILPROS PARENI, LIJC Policy No: Endorsement No: Effective Date: 70L2207945 02 / oL /2023 Copyiqhl CNA All Bights Bes€rved CNA Workers Compensation And Employers Liability lnsurance Policy Endorsement WAIVEH OF OUR RIGHT TO RECOVER FBOM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a writtsn contract that requires you to obtain this agreement from 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 agreed 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 ol subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is roflected in the Schedule ol Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part oi 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 elfective date {the Endorsement Efiective Date} is shown below, and expires concurrently with said policy unless another expiration date is shown below. L'r:iil Hi& E 8 I 9 EE-i Form No: WC OO 03 13104-19841 I Endorsement Elfective Date: Endorsement Expiration Dale: i Endorsement No: 5; Page: 1 oI 1 Undorwriling Company: The Continental lnsuranco Company. 151 N Franklin St, Chicago, lL 60600 Policy No: WC 7 12207929 Policy Eff€ctive Date: O2lOl 12023 Policy Page: 99 ot I 24 F.'ttIt Hi$ Copyrighr 1983 National Council on Compensation lnsurance CNA Workers Compensation And Employers Liability lnsurance Policy E t ttlo r ser r rerr t This endorsement changes the policy 10 which it is attached. It is agreed that Part One - Workers' Compsnsation lnsurance G. Recovery From Others and Part Two - Employers' Liability lnsurance H. Rocovsry From Others are amended by adding the following: We will not enJorce 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.) PFEMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium Jor California exposure. The amount is 370. All other terms and conditions of the policy remain unchanged. This endorsement, which rorms a part of and is for attachment to the policy issued by the designated lnsurers, takes e{fect on the Policy Effective Oate of said policy at the hour stated in said policy, unless another effective date (the Endorsement Eflective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ] Form No: G-l9160-8 111-1997) i Endorsement Ettective Date: Endorssment Expiration Date: Endorsemeot No: 2; Page: 1 of 1 I Underwriting Company: Transportation lnsurance Company, 151 N Franklin St. Chicago, lL 60606 Effective Dare: 02lol 12023 Policy Page: 13 of 15 '' Copyright CNA All Rights Reserved LESSOR - ADDITIONAL INSURED AND LOSS PAYEE CNA Business Auto Policy Policy Endorsement I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVEHAGE FORM MOTOB CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Nam6d lnsurod: RAILPROS PARENT, LLC Endorsement Elfective Date: 02/O1 12023 nirtiittlitiE KTllL! I 8 E & E 3Form No: CA 20 ol 10 13 Endorsemont Ettectivo Date: Endorsom6ot Expiration Date: Endorsement No: 28; Pago: 1 of 2 Undsrwriting Company: Valley Forg€ lnsurance Company, 151 N Franklin St, Chicago. lL 60606 Policy No: BUA 7O12207931 Policy EIlecrive Datet 02lO1l2023 Policy Page: 35 oI 2Og SCHEDULE lnsurance Company: Valley Forge lnsurance Company Policy Number: 7 O'l 2207 931 Eflective Oatet Q2lO1 12023 Expiration Datet OZIOl 12024 Namod lnsurad: RAILPROS PARENT, LLC Address: 1320 GREENWAY DR STE 490 tRVtNG, TX 75038-2690 Additional Insured (Lessor): Address: Designation Or Description Of "Leasod Autos": Coverages Limit O, lnsurance Liability S 1 ,000,000 Each "Accident" Comprehensive Actual Cash Value Or Cost Of Repair, Whichever ls Less. Minus $ 1 ,000 Deductible For Each Covered "Leased Auto" Collision Actual Cash Value Or Cost Of Repair, Whichever ls Less, Minus S1,000 Deductible For Each Covered "Leased Auto" Specified Causes Of Loss Aclual Cash Value Or Cost Of B6pair, Whichever ls Less, Minus Deduclible For Each Covered "Leased Auto" o Copyright !nsurance Services Office, lnc., 2011 CNA lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations Policy No: BUA 7O12207531 Policy Efrective Date: 0210112O23 eoticv Pas6; 36 ot 209 ' Copyright lnsurance Services Office, lnc., 2011 Business Auto Policy Policy Errdor serr rorr t A. Coverage 1, Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hirs or borrow. 2, For a "loased auto" designated or described in the Schedule, the Who ls An lnsured provision under Covorad Autos Liability Covoraga is changed to include as an "in8urod" the lessor named in the Schedule. However, the lessor is an "insurod" only for "bodily injury" or "proporty damago" resulting from the acts or omissions by: a. You; b. Any of your "omployoos" or agents; or c. Any person, except the lessor or any "omployee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorsement apply to any "leasod 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 Payabls Clause 1. We will pay, as interest may appear, you and th6 lessor named in this endorsemont for "loss" to a " leasod auto". 2. The insurance covers the interost of the lessor unless the "lo8s" results ,rom fraudulent acts or omissions on your part. 3. lf we make any payment to the lossor, we will obtain his or her rights against any other party. C. Cancellation 1. lf we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. lf you cancel the policy, ws will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment 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. Form No: CA 20 01 lO 13 Endorsement Eftoctive Date: Endorsement Erpiration Date: Endorsemont No: 28t Pagei 2 ol 2 Underwriting Company: Valley Forgo lnsuranco Company, 151 N Franklin St, Chicago, lL 60606 CNA This endorsement modilies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PAHT 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 requlred by written contract lo add as an addilional insured on this coverage part, but only with respect to liability for 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 ol those acting on your behalf: A, in the performance of your ongoing operations subjecl to such written contracl; or B. in the performance of your work subject to such written contract, but only with respect to bodily iniury or property damage included in the products-completed operations hazard, and only il: l, the written contract requires you to provide the additional insured such coveragei 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 10-01 edition ol CG2010, or under the 10- 01 edition of CG2037i or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph l. above is delated in its entirety and replaced by the following: WHO lS AN INSURED is amended to include as an lnsured any person or organizalion whom you are required by writlen contract to add as an additional insured on this coverage part, but only with respect to liability Ior bodily iniury, property damage or personal and advertising iniury arising out of your work that is subject to such written contracl. lll. Subject always to the terms and conditions of this policy, including the limits of insurance, the lnsurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the writlen contract. lV. The insurance granted by this endorsement to the additional insured does not apply to bodily iniury, property damage, or personal and advertising iniury arising out of: A. lhe rendering of, or the failure to render, any protessional architectural, engineering, or surveying services, including: 1, the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, lield orders, change orders or drawings and specilications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMEBCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other lnsurance is amended to add the following, which supersedes any provision to the conlrary in this Condition or elsewhere in this coverage part: Policy No: Endorsement No: Etlective Date: W a a 8 E 5 & a EI lrisllffii oNA75079XX (10-16) Page 1 of 2Nat.'I Fire Ins Co of HarEford INSUTEd NAME: RAILPROS PAREN|, LLC Copyright CNA All Righb ReseNod. 701,2207945 Lg 02 / 0L/ 2023 lncludos copyrighled malsrlal ol lnsurance Services Oflic6, lnc.. with its pemission CNA PARAMOUNT Blanket Additiona! lnsured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory lnsurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribulion lrom such other insurance, provided that a written contract requires the insurance provided by this policy to be: l. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution irom any other insurance available to the additional insured. But except as specilied above, lhis 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 COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as lollows: The Condition entitled Duties ln The Event of Occurrence, Oflense, Claim or Suit is amended with the addition of the lollowing: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give lhe lnsurer written nolice ol any claim, or any occurrence or offense which may result in a claim; 2. send the lnsurer copies ol all legal papers received, and otheMise cooperate with the lnsurer in the investigation, defense, or seltlement of the claim; and 3. make available any other insurance, and lender the delense and indemnity ol any claim to any other insurer or self-insurer, whose policy or program applies to a loss thal the lnsurer covers under this coverage part. However, if the written contract requires lhis insurance to be primary and non-contnbutory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The lnsurer has no duty to defend or indemnify an additional insured under this endorsement untilthe 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 following derinition: Written contract means a writlen 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. rs currently in effecl or becomes etfective during the term of this policy; and B, was executed prior to: 1. the bodily iniury or property damage; or 2. the offense that caused the personal and advertising iniury; tor 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 lorms a part of and is for attachment lo 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 ex res concurrently with said Poli cNA75079XX (10-16) Page 2 ol 2 NaErl Fire Ins Co of Hartford INSUTEd NAME: RAILPROS PARENT, LLC Copynghl CNA AI Rlghts RoseN€d. Policy No: Endorsement No: Effective Date: 70L2207945 18 02 / oa/ 2023 lncludes copydght€d malerialol lnsurance Sorvic€s Office, lnc., with ils pormission. Certificate No: 570098071 633 City of Menilee 29714 Haun Road Menifee CA 92568 USA Thursday, March 2, 2023 To whom it may concern: Following a concentrated effort to reduce our environmental footprint and provide timely certificate delivery,-Aon will begin delivering our Certificates of lnsurance eiectronically in PDF lormat. Please utilize one of the following methods to ensure you will receive the electronic copy of your Certificate (Cerlificate No: 570098071633) for future renewals: - Visit aon.com/e-cert; or - Utilize the QR Code below to enter/validate your information. lf your email address has changed or will be changing in the future, or you no longer require this cdrtificate, please lel us know using one of the methods above. Thank you for your cooperation and willingness to help us reduce our impact to the environment. IUSC# 17755 lAon P.O. Box 1447 Lincolnshire, lL 60069 AON Iril'ft t!.]t.t I T I I I 3 E c c nii:i?*Eif-;biE:- E ! I tr I