Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
National Air Inc DBA National Air & Energy; 2025-07-02; PSA25-3880FAC
PSA25-3880FAC City Attorney Approved Version 5/30/2025 Page 1 AGREEMENT FOR AS NEEDED CHILLER RENTAL SERVICES NATIONAL AIR, INC. D.B.A. NATIONAL AIR & ENERGY THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2025, by and between the City of Carlsbad, California, a municipal corporation (“City”) and National Air, Inc., a California corporation, d.b.a. National Air & Energy (“Contractor”). RECITALS A. City requires the services of a consultant that is experienced in providing as needed chiller rental services. B. Contractor has the necessary experience in providing services and advice related to providing as needed chiller rental services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (“Services”) that are defined in attached Exhibit “A,” which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective from the date first above written to June 22, 2026. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed forty-five thousand dollars ($45,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend the Agreement, the amount shall not exceed forty-five thousand dollars ($45,000) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing. Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 2nd July PSA25-3880FAC City Attorney Approved Version 5/30/2025 Page 2 6. PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City of Carlsbad City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by Contractor in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6.2 DIR Registration. California Labor Code section 1725.5 requires Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the City Engineer approves otherwise, Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. Contractor is responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, requests for information, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve Contractor of any other requirements as may be specified in this Agreement. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 PSA25-3880FAC City Attorney Approved Version 5/30/2025 Page 3 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 9. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 10. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described in this Agreement caused by any willful misconduct or negligent act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 PSA25-3880FAC City Attorney Approved Version 5/30/2025 Page 4 The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than “A-:VII”; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 PSA25-3880FAC City Attorney Approved Version 5/30/2025 Page 5 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 12.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 PSA25-3880FAC City Attorney Approved Version 5/30/2025 Page 6 17. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City For Contractor Name Brian Bacardi Name Jared Wells Title Public Works Superintendent Title President Department Fleet & Facilities Address 2053 Kurtz Street City of Carlsbad San Diego, CA 92110 Address 405 Oak Ave. Phone No. 619-443-3500 Carlsbad, CA 92008 Email jared@aercosystems.com Phone No. 442-339-2943 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. For Labor Compliance Service Agreements, the Contractor further represents, warrants, and declares, under penalty of perjury, interest, as that term is defined in Labor Code Section 1771.8(a)(2) does not exist. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 PSA25-3880FAC City Attorney Approved Version 5/30/2025 Page 7 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 21. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering ninety (90) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 PSA25-3880FAC City Attorney Approved Version 5/30/2025 Page 8 Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 30. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 PSA25-3880FAC City Attorney Approved Version 5/30/2025 Page 9 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California NATIONAL AIR, INC., a California corporation d.b.a. National Air & Energy By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Jared M. Wells, President and Chief Executive Officer (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Deputy/Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 , CFO PSA25-3880FAC City Attorney Approved Version 5/30/2025 Page 10 EXHIBIT A SCOPE OF WORK Contractor shall furnish all tools, materials, equipment and labor to provide as needed chiller rental services at the Police & Fire Headquarters located at 2560 Orion Way, Carlsbad, California 92010. The chiller shall be rated at no less than 100 tons of capacity with integrated pump(s). Notes: - Overall equipment dimensions: 33’2” Long, 8’7” Wide, 11’6” Tall - Contractor to provide up to 100 lineal feet of hose and fittings required to make the temporary connection for both supply and return lines. - Contractor to provide electrical cabling from chiller to city supplied disconnect at distance not to exceed 50 lineal feet. - Contractor to provide vehicle rated cord ramps across the driveway to protect contractor provided cabling from the disconnect to the chiller. - City to provide power at an existing 480-volt 3-phase disconnect fused at 250 amps per the contractor’s specifications. - City to connect line side electrical connections at the above referenced disconnect. - City to provide certificate of insurance showing contractor as additionally insured to satisfy damage waiver requirements. SCHEDULE OF FEES Line Item Cost Notes Delivery, Setup, Startup, and Breakdown $4,000 Prevailing wage rates included Additional Overtime for Setup $150 Hourly overtime rate per manhour Monthly Rental Rate $7,920 Minimum 1 Month Rental Weekly Rental Rate $2,640 Annual Agreement Amount Not to Exceed $45,000 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 PSA25-3880FAC Page 11 PROJECT OVERVIEW CONNECTION POINT FOR CHILLER LINES IN THE FACILITY Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 City supplied electrical disconnect to provide power for the chiller. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 ACORDe CERTIFICATE OF LIABILITY INSURANCE I DATE (MMJDD/YYYY) Ir,.____..,-06/23/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlflcate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsernenl A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(&). PRODUCER ~Xt.ie7"' Victoria Lee Crown Island Insurance ri::gNrlo Extl: (619) 522-6600 I IA/C Nol: (619) 437-0129 1001 BAvenue, Suite 103 ioM~SS: vicki@crowniins.com INSURER(S) AFFORDING COVERAGE NAIC # Coronado CA 92118 INSURER A: Travelers Indemnity Co of Connecticut 25682 INSURED INSURERS: Travelers Property Casualty Co of America 25674 National Air, Inc .. OBA: National Air & Energy INSURERC: St. Paul Surplus lines Insurance Company 30481 2053 Kurtz Street INSURERD: INSURERE: San Diego CA 92110 INSURERF: COVERAGES CERTIFICATE NUMBER· Cl2531312647 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. •~f: TYPE OF INSURANCE INSD V'ND POLICY NUMBER ,~li\iiivWv1 _t:>~i<;,Y.....,.. IMM/Ou,,, n, LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -~ CLAIMS.MADE [81 OCCUR PREMm'i'~~l $ 300,000 )< X/C/U coverage included MED EXP (Any one person) $ 5,000 A )< $10,000 DEDUCTIBLE y y CO-8R562475 03/17/2025 03/17/2026 PERSONAL & ADV INJURY s 1,000,000 ,.._ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 R POLICY [81 mg: □LOC PRODUCTS -COMP/OPAGG $ 2,000,000 OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY ~~~~~~\SINGLE LIMIT $ 1,000.000· ,.._ X ANYAUTO BODILY INJURY (Per person) $ *NO deductible B OWNED ~ SCHEDULED y y 810-8R562764 03/17/2025 03/17/2026 BODILY INJURY (Per accident) s AUTOS ONLY AUTOS ,.._ HIRED ,.._ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY rPer accidenll $ -,__ Medical payments $ 5,000 >< UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESSLIAB CLAIMS.MADE y y CUP-8R562764 03/17/2025 03/17/2026 AGGREGATE s 5,000,000 DED I XI RETENTION s 10•000 s WORKERS COMPENSATION Xl PER l l OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE ~ y UB-05424440 03/17/2025 03/17/2026 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLU OED? NIA (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ 1,000,000 lf yes, describe under s 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT Professional & Pollution liability Aggregate Limit $2,000,000 C $1 o. ooo deductible each act y y ZCD-16R00426 03/17/2025 03/17/2026 Each Act, E&O $1,000,000 Each Pollution Limit $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space ls requlredl The City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services are named as additional insureds with respect to General Liability, Auto Liability and Umbrella Excess liability per attached endorsements. 'Mliver of Subrogation applies to General Liability and Workers Compensation per attached endorsements. Coverage is Primary and Non-Contributory per the attached endorsements. 30 days' notice of cancellation applies 1 o days for cancellation due to non-payment of premium. Excess liability policy follows form over the General liability, Auto Liability and Employers Liability. CERTIFICATE HOLDER . CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Insurance Complianc AUTHORIZED REPRESENTATIVE P.O. Box 947 Murrieta CA 92584 t7a.6-ud~4, I (/ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 ~ TRAVELERS ] POLICY NUMBER: DT-CO-8R562475-TCT-25 EFFECTIVE DATE: 03-17-25 ISSUE DATE: 03-20-25 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 02 11 89 IL TS 01 10 93 IL TO 01 01 07 IL TO 03 04 96 IL T3 02 07 86 IL TS 03 COMMON POLICY DECLARATIONS FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS COMMON POLICY CONDITIONS LOCATION SCHEDULE CALCULATION OF PREMIUM-COMPOSITE RATE($) GENERAL PURPOSE ENDORSEMENT GENERAL LIABILITY -CONTRACTORS CG TO 01 11 03 CG D3 05 07 08 CG TO 07 09 87 CG TO 08 11 03 CG TO 34 02 19 CG Tl 00 02 19 CG TS 00 CG TB 01 CG D3 61 03 05 CG D9 10 09 21 CG 20 37 07 04 CG D2 03 12 97 CG D2 11 01 04 CG D2 46 04 19 CG D3 16 02 19 CG D2 43 01 02 CG D2 93 11 03 CG D3 22 10 20 CG D5 46 10 11 CG D6 18 10 11 CG D9 44 01 23 CG 21 54 12 19 CG DO 76 06 93 CG Dl 42 02 19 CG D2 04 12 17 CG D2 40 06 01 CG T4 81 11 88 CG TO 09 09 93 CG TO 43 01 16 CG Tl 01 01 16 CG D9 48 01 23 COML GENERAL LIABILITY COV PART DEC DEDUCTIBLE LIABILITY INSURANCE DECLARATIONS PREMIUM SCHEDULE KEY TO DECLARATIONS PREMIUM SCHEDULE TABLE OF CONTENTS -COM GEN LIAB COV COMMERCIAL GENERAL LIABILITY COV FORM GENERAL PURPOSE ENDORSEMENT GENERAL PURPOSE ENDORSEMENT ADD'L INSURED-OWNERS,LESSEES,CONTRACTORS AMENDMENT OF INTELLECTUAL PROPERTY EXCL ADD INSURED-OWNRS,LESSEES,CONT COMPL OPS AMEND-NON CUMULATION OF EACH OCC DESIGNATED PROJECT($) GEN AGGR LIMIT BLANKET AI-W/COMP OPS IF REQ BY CONTRACT XTEND ENDORSEMENT FOR CONTRACTORS FUNGI OR BACTERIA EXCLUSION EXCL-CONSTRUCT MANAGE ERRORS & OMISSIONS EXCL-CLMS OR SUITS BY NAMED INSUREDS EXCL -ARCHITECT/ENG/SURVEY PROF SERV EXCL-VIOLATION OF CONSUMER FIN PROT LAWS EXCL-VIOLATIONOFBIOMETRICINFOPRIVACYLAWS EXCL-DESIG OPS CVRD BY A CONTROLLED IP EXCLUSION-LEAD EXCLUSION-DISCRIMINATION EXCL-EXTERIOR INSULATION & FINISH SYSTEM EXCLUSION -SILICA EXC-HAZARD-CONNECTED DESIGNATED EXPOSURE EMPLOYEE BENEFITS LIAB COV PART DEC EMPLOYEE BENEFITS LIAB TABLE OF CONTENTS EMPLOYEE BENEFITS LIABILITY COV FORM EXCL-VIOLATIONOFBIOMETRICINFOPRIVACYLAWS INTERLINE ENDORSEMENTS IL T3 68 01 21 FED TERRORISM RISK INS ACT DISCLOSURE IL T8 0110 93 PAGE: 1 OF 2 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 ~ TRAVELE RS] POLICY NUMBER: DT-C0-8R562475-TCT-25 EFFECTIVE DATE: 03-17-25 ISSUE DATE: 03-20-25 INTERLINE ENDORSEMENTS (CONTINUED) IL T4 00 05 19 IL T4 12 03 15 IL T4 14 01 21 IL 00 21 09 08 IL 02 70 07 20 IL TS 0110 93 DESIG PERSON, ORG-NOTICE PROVIDED BY US AMNDT COMMON POLICY COND-PROHIBITED COVG CAP ON LOSSES FROM CERT ACTS OF TERRORIS NUCLEAR ENERGY LIAB EXCL END-BROAD FORM CALIFORNIA CHGS -CANC AND NONRENEWAL PAGE: 2 OF 2 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 _______ ·-------_ -, --· ___ • ·-H---.... .Jr & hnergy Policy Number: CO-8R562475 Policy Term: 03/17125 to 03/17 /26 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage• that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work• to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization . The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this timitation applies. the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement This provision will not increase the limits of insurance described in Section Ill -Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing. or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications: and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operati,ons hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the noccurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses: and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: CG D2 46 0419 Cl 2018 The Travelers Indemnity Company AB rights reserved-Page 1 of 2 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 COMMERCIAL GENERAL LIABILITY (a) lmmediateJy record the specifrcs of the claim or •suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or •suit• as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suir to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance availabie to such additional insured which covers that person or organization as a named insured as described in Paragraph 4 .. Other Insurance, of Section IV -Commercial General Liability Conditions. Page 2 of2 0 2018 The Travelers Indemnity Company. All rights reserved. CGD2460419 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 .J..U.">UH,u. na.u.uua1 .M..U, ill\,. UVil. J."lilUUllill Air & Energy Policy Number: CO-8R562475 Policy Term: 03/17/25 to 03/17/26 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ fT CAREFULL V. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE-This endorsement broadens coverage. However. coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part. and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights. duties, and what is and is not covered. A. Who Is An Insured-Unnamed Subsidiaries B. Blanket Additional Insured -Governmental Entities -Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED -UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited Habilily company, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in. such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage• that occurred, or "personal and advertising injury• caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II -Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: C. Incidental Medical Malpractice D. Blanket Waiver Of Subrogation E. Contractual Liability -Railroads F. Damage To Premises Rented To You a. An organization other than a partnership, joint venture or limited liability company: or b. A trust; as indicated in its name or the documents that govern its structure. B. BLANKET ADDmONAL INSURED GOVERNMENTAL ENTITIES -P,ERMITS OR AUTHORIZATIONS RELATl'NG TO OPERATIONS The following is added to SECTION II -WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liabl lity for nbodily injury'', "property darnageh or n1personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or •property damage" included in the aproducts<ompleted operations hazard". CG D316 0219 C 2017 The Travelers Indemnity Company. AU rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office. Inc., with its permission. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINmONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a). (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your wemployees" or "volunteer workers0 , other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services• to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2 .. Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: •incidental medical services" means: a. Med"teal. surgical, dental, laboratory, x-ray or nursing service or treabnent, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any var.d and collectible other insurance. whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. nBodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. E. CONTRACTUAL LIABILITY -RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINmONS Section: c. Any easement or license agreement; Page2 of 3 0 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office. Inc., with Its permission. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINmONS Section is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The following replaces the def111ition of "premises damage• in the DEFINITIONS Section: "Premises damage" means •property damage" to: COMMERCIAL GENERAL LIABILllY a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CG D3160219 O 2017 The Travelers Indemnity Company. Al rvn reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc .. with its pennlssion. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 _ __ _ __ _ ·--A---A A -, ~--... ~ .......... ~ .. vu. ..... Air & Energy Policy Number: CO-8R562475 Policy Term: 03/17/25 to 03/17/26 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Cowrage Part, our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part, other insurcrice means insurance, or the funding of losses. that is prO\lided by, through or on behalf of: (f) Another insurance canpany; (ii) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section Ill -Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section Ill - Limits of Insurance applies because the Amendmert -Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Lirrit endorsement is included in this policy; (iii) Any risk retention group; or (iv) Any self-insurance method or program, in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part. other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we wHI share with all that other insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire. Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work•; COMMERCIAL GENERAL LIABILITY (ii) That is insurance for "premises damage"; (iii) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft •autos" or watercraft; (iv) That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section II - Who Is An Insured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph S. of Section II -Who Is An Insured, except when Paragraph d. below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does n<i qualify as a named insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any ftsuit'' if any other insurer has a duty to defend the insured against that "suit''. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss. if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance: and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Dedarations .of this Coverage Part. CG T1 000219 C 2017 The Travelers Indemnity Company. All rights reserved. Page 15 of 21 Includes copyrighted material of lns1Dnce Services Office, Inc. with its permission. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance pennits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes firsl If any of the other insurance does not permit contribution by equal shares, we will conbibute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable lirrits of insurance of an insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Ca.,erage Part must apply on a primary basis, or a primary and non- contributory' basis, this insurance is primary to other insurance that Is ava~able to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personai and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. S. Premium Audit a. We wm compute all premiums for this Co-.,erage Part in accordance with our rules and rates. b. PremiJm shown in this Coverage Part as advance premium is a deposit premium only. Al the close of each aucfrt period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will retum the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for prerrium computation, and send us copies at such times as we may request 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations )'OU made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information prO\nded by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this Insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against wha11 claim is made or "suit'' is brrught 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to r@Cover all or part of any pa)11l(!nt we have made under this Coverage Part. those rights are transferred to us. The insured must do nothing after loss to impair them. At our request. the insured will bring •suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew ff we decide not to renew this Coverage Part, we wHI mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed. proof of mailing will be sufficient proof of notice. SECTION V -DERNITIONS 1. "Advertisement" means a notice that is broadcast or pubfished to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page16 of21 Q 2017 The Travelers Indemnity Com~. All rights reserved. CG T100 0219 Includes copyrighted matenal of lnsurante SeMces Office. Inc. with ks pennlssion. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 POLICY NUMBER: DT-CO-8R562475-TCT-25 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 03-20-25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIM IT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): Designated Project General Aggregate(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED IN A WRITTEN CONTRACT THAT IS IN EFFECT DORING GENERAL AGGREGATE LIMIT SHOWN ON THE DECLARATIONS. THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRA.CT IS SIGNED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products- completed operations hazard", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule abo ve: CG D211 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate L imit. C. Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and rep laced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 msureo: Nanonal All', Inc. ctba: National Air & Energy Policy Number: CO-8R5624 75 Policy Term: 03/17 /25 to 03/17 /26 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES -CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPER1Y COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mamng address shown in the policy, and to the producer of record, advance written notice of cancelfation, stating the reason for cancellation, at least a. 10 days before the effective date of cancellation if we cancel for. (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of p~ium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery . of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representatfve, which materially increase any of the risks insured against IL02 70 07 20 © Insurance Services Office, Inc., 2020 Page 1 of4 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in. our reinsurance covering all or part of the risk would threaten our financial integrity or solvency: or (b) Continuation of the policy coverage would: (I) Place us in violation of califomia law or the laws of the state where we are domiciled; or (Ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least (1) 1 0 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud: or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four clweDing units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part -Fann Property -Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less. and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage: or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that induded an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following. which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part -Causes Of Loss -Special Form; or (2) Farm Coverage Part -Causes Of Loss Form -Farm Pr.operty, Paragraph D. Covered Causes Of Loss -Special. d. lf a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not cancel this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wHdfire has occurred. However, we may cancel: Page 2 of4 e Insurance Services Office. Inc., 2020 IL02 70 0720 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 (1) When you have not paid the premium, at any time by letting you know at least 10 days before the date cancellation takes effect; (2) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against: or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record. at least 60 days, but not more than 120 days. before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written ·under one of the following: Commercial Property Coverage Part Farm Coverage Part -Farm Property -Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If this policy provides coverage as described in the preceding paragraph, and we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer record at the mailing address shown in the policy, at least 75 days, but not more than 120 days, before the expiration or anniversary date. If we fail to give the first Named Insured shown in the Declarations notice of nonrenewal at least 75 days prior to the policy expiration, as required in the paragraph above, this policy, with no change in its terms and conditions, shall remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed to the Named Insured. A notice to this effect shall be provided by us to the first Named Insured with the notice of nonrenewal. b. We may elect not to renew such coverage for any reason, except as provided in Paragraphs c., d. and e. below. c. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims: or IL 02 70 07 20 0 Insurance Services Office, Inc., 2020 Page 3 of4 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies: and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. d. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. e. We will not refuse to renew such coverage solety because corrosive soil conditions exist on the premises. This restriction (e.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part -Causes Of Loss -Special Fonn; or (2) Farm Coverage Part -Causes Of Loss Form Farm Property, Paragraph 0. Covered Causes Of Loss -Special. f. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by califomia Law, we may not nonrenew this por.cy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may nonrenew: (1) If willful or grossly negfigent acts or omissions by the Named Insured, or his or her representatives. are discovered that materially increase any of the risks insured against; (2) If losses unrelated to the postdisaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable, J. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in tenns, conditions or rates, is between us and a member of our insurance group. b. If • the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. Page4 of4 () Insurance Services Office, Inc., 2020 IL 02 70 07 20 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 Insured: National Air, Inc. dba: National Air & Energy Policy Number: CO-8R562475 Policy Term: 03/17 /25 to 03/27 /26 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions: A. cancellation 1. The first Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least a. 1 O days before the effective date of can- cellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of can- cellation if we cancel for any other rea- son. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known tous. 4. Notice of cancellation will state the effective date of cancellation. If the policy is cancelled, that date will become the end of the policy period. If a Coverage Part is cancelled, that date will become the end of the policy period as respects that Coverage Part only. 5. If this policy or any Coverage Part is can- celled, we will send the first Named Insured any premium refund due. If we cancel, the re- fund will be pro rata. If the first Named In- sured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re- fund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent This policy's terms can be amended or waived only by endorsement issued by us as part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find;and c. Recommend changes. 2. We are not obfigated to make any inspec- tions, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advi- sory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or rec- ommendations we may make relative to certi- fication, under state or municipal statutes, or- dinances or regulations, of boilers, pressure vessels or elevators. E. Premiums 1. The first Named Insured shown in the Decla- rations: a. Is responsible for the payment of all pre- miums; and b. Will be the payee for any return premi- ums we pay. 2. We compute all premiums for this policy in accordance with our rules, rates, rating plans, premiums and minimum premiums. The pre- mium shown in the Dedarations was com- puted based on rates and rules in effect at IL TO 01 01 07 (Rev. 09-18) Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 the time the policy was issued. On each re- newal continuation or anniversary of the ef- fective date of this policy, we will compute the premium in accordance with our rates and rules then in effect F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed. anyone having proper temporary cus- tody of your property will have your rights and duties but only with respect to that property. G. Equipment Breakdown Equivalent to Boiler and Machlneay On the Common Policy Dedarations, the term Equipment Breakdown is understood to mean and include Boiler and Machinery and the tenn Boiler and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium, we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Po~cy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below (each a stock company} has executed this policy, and this policy is counter- signed by the officers listed below: Th~ Travelers Indemnity Company (IND) The Phoenix Insurance Company (PHX) The Charter Oak Fire Insurance Company (COF) Travelers Property Casualty Company of America (TIL) The Travelers Indemnity Company of Connecticut (TCT) The Travelers Indemnity Company of America (TIA) Travelers Casualty Insurance Company of America (ACJ) President Page 2of 2 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. IL TO 01 01 07 (Rev. 09-18) Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 POLICY NUMBER: 810-8RS62451-25-26-G EFFECTIVE DATE: 03/17/2025 ISSUE DATE: 03/20/2025 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS IL TO 02 11 89 IL TB 01 01 01 IL TO 01 01 07 IL T3 02 07 86 IL TB 25 COMMERCIAL AUTO CA TO 01 02 15 CA TO 03 02 15 CA TO 30 02 16 CA TO 31 02 15 CA 00 01 10 13 CA 01 43 OS 17 CA 03 OS 10 13 CA 04 24 10 13 CA 04 26 10 13 CA 20 01 10 13 CA 21 54 11 16 CA 99 23 10 13 CA T4 34 07 18 CA T4 52 02 16 CA T4 59 02 15 CA T4 99 02 16 CA T6 25 07 18 CA T6 44 07 24 CA T3 53 02 15 DMV67MCP 08 07 CA T4 45 04 09 INTERLINE ENDORSEMENTS IL TS 00 03 25 IL 02 70 07 20 IL T4 12 03 15 IL 00 21 09 08 IL TO 10 12 86 POLICY HOLDER NOTICES IL TS 01 01 01 COMMON POLICY DECLARATIONS FORMS ENDORSEMENTS AND SCHEDULE NUMBERS COMMON POLICY CONDITIONS CALCULATION OF PREMIUM -COMPOSITE RATES CALCULATION OF PREMIUM -COMPOSITE RATES BA-COVERAGE PART DECS (ITEMS 1 & 2) BUS AUTO COV PART DECLARATIONS-4&5 BUSINESS AUTO/MC COV PART-OM SUPPL SCHD TABLE OF CONTENTS-BUSINESS AUTO COV FORM BUSINESS AUTO COVERAGE FORM CALIFORNIA CHANGES CALIFORNIA CHANGES -WAIVER OF COLLISION DEDUCTIBLE California Auto Medical Payments Coverage CALIFORNIA DRIVE OTHER CAR COVERAGE -BROADENED COVERAGE FOR NAMED INDIVIDUALS LESSOR -ADDITIONAL INSURED AND LOSS PAYEE CA UM MOTORISTS COVERAGE -BODILY INJURY RENTAL REIMBURSEMENT COVERAGE COMMERCIAL AUTO TOWING AND LABOR COVERAGE SHORT TERM HIRED AUTO -ADDITIONAL INSURED AND LOSS PAYEE AMENDMENT OF EMPLOYEE DEFINITION BLNICT ADDL INSD-PNC W/OTHR INS-CNTRCTR ROADSIDE ASSISTANCE COVERAGE LONG TERM LEASED AUTOS COVERED AS OWNED AUTOS BUSINESS AUTO EXTENSION ENDORSEMENT INSURANCE POLICY ENDORSEMENT LOSS PAYABLE CLAUSE GENERAL PURPOSE ENDORSEMENT CALIFORNIA CHANGES -CANCELLATION AND NONRENEWAL AMNDT COMMON POLICY COND-PROHIBITED COVG NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) LENDER'S CERTIFICATE OF INSURANCE -FORM A PAGE: 1 OF 2 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 PN U4 97 01 24 IL TB 01 01 01 POLICY NUMBER: 810-8R562451-25-26-G EFFECTIVE DATE: 03/17/2025 ISSUE DATE: 03/20/2025 IMPORTANT INFORMATION CONCERNING YOUR MOTOR VEHICLE INSURANCE AND DMV REPORTING PAGE: 2 OF 2 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 msun,u: r11aaona1 f\lf, me. aoa: Nanonai Air & Energy Policy Number: 810-8R562451 Policy Term: 03/17/25 to 03/17/26 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exdusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED . E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDmONAL INSURED The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period. to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee• of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: ' b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire. rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T353 0215 @ 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material at Insurance Services Office, Inc. with Its permission. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 COMMERCIAL AUTO penn1ssIon. while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A 1 .. Who Is An Insured, of SECTION II -COVERED AUTOS UABIUTV COVERAGE: Arry "employee• of yours is an "Insured" while us- ing a covered •auto• you don't own. hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to fumish these bonds. 2. The following replaces Paragraph A2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Polley Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI· TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver fur a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your •employees", partners (if you are a partnership), members (if you are a limited liablfity company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and canada: (I) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (II) Neither you nor any other involved "insured" will make any settlement without our consent. (Ill) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury'' or "property damage" to which this insurance applies, that the "in-- sured" pays with our consent. but only up to the limit described in Para- graph c.. Limits Of Insurance, of SECTION II -COVERED AUTOS UABILllY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILllY COVERAGE, and not in addition to such limit Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions. Puerto Rlco and canada. Page 2 of 4 @ 2015 The Travelers lndemnlty Company. Al rights ffferved. CA T353 0215 Includes copyrighted material of Insurance Servi0e$ Office, Inc. wffh It$ pennlaslon. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 You agree to maintain alt required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, Its territories and possessions, Puerto Rico and Can- ada. We assume no responsibirrty for the furnishing of certificates of insurance, or for compliance In any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deductl• ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one nacck!ent". I. PHYSICAL D_AMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered •auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parei and other personal property which is: (1) Owned by an "insuredn; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered •auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3 .. Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss• set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDmONS: Your duty to give us or our authorized representa- tive prompt notice of tne naccident" or "loss~ ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany): (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the •accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the •accident" or "loss• arises out of operations contemplated by CA Tl 53 0215 ~ 2015 The Travelers Indemnity Company. All rlghls reserved. Page 3 of4 Includes copyrighted material af Insurance Servlc:es Office, Inc. with Its pennlsslon. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS Toe following is added to Paragraph B.2., Con- cealment, Misrepresentation. Or Fraud. of SECTION IV -BUSINESS AUTO CONDmONS: The unintentional om1ss10n of, or unintentional enor in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 e 2015 The Travelers Indemnity Company. All rights reserved. CA T3 530215 Includes copyrighted material of Insurance Servlcas Office, Inc. with Its penniasion. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC512261nsurea: 1~at10na1 Air, inc. ooa: 1~anona1 Air & Energy Policy Number: 810-8R562451 COMMERCIAL AUTO Policy Term: 03/17/2025 to 03/17/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CO NTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph c. in A.1., Who Is An Insured. of SECTION II -COVERED AUTOS LIABILITY COVERAGE: 111ls Includes any person or organization who you are required under a written contract or agreement. that is signed by you before the "bodily injury" or •property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage. but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.S., Other Insurance of SECTION IV -BUSINESS AUTO CONDmONS: Regardless of the provisions of paragraph a. and paragraph d, of this part S. Other Insurance, th.ls insurance Is primary to and non-contributory with appUcable other Insurance under which an additional insured person or organization is a named Insured when a written contract or agreement with you, that is signed by you before the •bodily injury" or •property damage• occurs and that is in effect during the poricy period, requires this Insurance to be primary and no~ contributory. CAT4990216 0 2016 The Travefenl lndllnwily Campany. Al rights reeerved. Page 1 d1 Includes copyrighted materfal ti Insurance Services Offlca, lnG. with lbs permlNlon. Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 Insured: National Air, Inc. dba National Air & Energy Policy Number: 81 0-R56245 l Policy Term: 03/17/25 to 03/17/26 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions: A. cancellation 1. The first Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of can- cellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of can- cellation if we cancel for any other rea- son. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. If the policy is cancelled, that date will become the end of the policy period. If a Coverage Part is cancelled, that date will become the end of the policy period as respects that Coverage Part only. 5. If this policy or any Coverage Part is can- celled, we will send the first Named Insured any premium refund due. If we cancel, the re- fund will be pro rata. If the first Named In- sured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re- fund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy wi1h our consent. This policy's terms can be amended or waived only by endorsement issued by us as part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this poficy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time: b. Give you reports on the conditions we find;and c. Recommend changes. 2. We are not obligated to make any inspec- tions, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advi- sory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or rec- ommendations we may make relative to certi- fication, under state or municipal staMes, or- dinances or regulations, of boilers, pressure vessels or elevators. E. Premiums 1. The first Named Insured shown in the Deda- rations: a. Is responsible for the payment of all pre- miums; and b. Will be the payee for any return premi- ums we pay. 2. We compute all premiums for this policy in accordance with our rules, rates, rating plans, premiums and minimum premiums. The pre- mium shown in the Declarations was com- puted based on rates and rules in effect at IL TO 01 01 07 (Rev. 09-18) Includes the copyrighted material of Insurance Services Office, Inc. with its pennission. Page 1 of 2 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 the time the policy was issued. On each re- newal continuation or anniversary of the ef- fective date of this policy, we will compute the premium in accordance with our rates and rules then in effect F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed. anyone having proper temporary cus- tody of your property will have your rights and duties but only with respect to that property. G. Equipment Breakdown Equivalent to Boiler and Machinery On the Common Policy Declarations, the term Equipment Breakdown is understood to mean and include Boiler and Machinery and the term Boiler and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium, we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below (each a stock company) has executed this policy, and this poficy is counter- signed by the officers listed below: The Travelers Indemnity Company (IND) The Phoenix Insurance Company (PHX) The Charter Oak Fire Insurance Company (COF) Travelers Property Casualty Company of America (Tll) The Travelers Indemnity Company of Connecticut (TCTI The Travelers Indemnity Company of America (TIA) Travelers Casualty Insurance Company of America (ACJ) President Page 2of 2 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. IL TO 01 01 07 (Rev. 09-18) Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 POUUIION LIABllRV 3. OtherllamNICII a. As used anywhere In this policy, other Insurance means Insurance, or the funding of losses, that Js provided by, through or on behalfof. (1) Another insurance company; (2) Us or any of our affllrated Insurance companies; (3) Any risk retention 1fOUp; or (4)Any self-Insurance method or program, In which case the •lnsured" will be deemed to be the provider of other Insurance. Other insUrance does not indude umbrella insurance, or excess insurance, that was bought speclficalfy to apply tn excess of the Umlts of Insurance shown for this Insurance In the Travelers ECP Custom Declarations. b. If vaRd and collectible other Insurance Is avallable to the •rnsured• for a loss coveted under this Insurance, our obflgatians ate llmlted as foOows: (1) 1h11 ......._ Is p,lrWJ except when Paragraph (2) below applies. When this insurance Is primary: (a) If any other Insurance Is Issued to any •named Insured• by us, or any of our afflllalted Insurance companies, this insurance Is prlmary to that other Insurance. .-id we wlfl not share with that other insurance; and • (b) If any other Insurance not described in Paragraph (a) above Is also primary, we wllf share with aft that other Insurance a follows: 0) tf all of the other insurance permits contrtbutlon by equal shares, we wlll fallow this method also. Under this approach each provider of 1rlSUIWICe contributes equal amounts until It has paid Its appllcable Bmlt of Insurance or none of the •loss" remains, whichever comes first. (II) If any of the other Insurance does not permit contribution by equal shares, we wUJ contribute by firnlts. Under this method, the share of esch provider of Insurance Is based on the ratio of Its appAlcable limit of Insurance to the total applicable limits of Jnsurance of all providers of r.....-.nce. (2)Tllls lnUlnC'I! II e1a11 ove,-any Wild and mlllc:ltMe other lnu1Me, whether sud1 other lnsannce Is primary, excess. contfn,ent uron any otherbam: (a) If the "pollution conditions" that caused the "loss• are •auto tnansportation pollution amdltfons"; (b)lhat only COYeB one or more projects spedffcaUy descnbed In tt. This paragraph dqes not apply to any other Insurance that ts available to any person orarpnlzatlan that: (I) Is an "Insured" under Paragraph e. of the definftlon of "Insured"; or (If) ts an "Insured" under any additional insured endorsement Issued by us as part of this policy; (c) That Is avaJlable to the "Insured" when the "Insured" Is an addftlonal lnsUred, or is any other insured that does not quaflfy • a narned Insured, under such other insurance; or (d)That Is avallabk! to any person or organimtfon that: (I) Is an "lnsured" under Paragraph •· of the definition of "insured"; or (If) Is an "Insured" under any additional insured endorsement issued by us as part of this polfcy. However, if the "named Insured" specfflcally agrees rn a written contnk:t or a~ that the Insurance provkfed ta such person or organization must apply on a primary buls. or a primary Bnd noncontributory basts. this (11SU11111Ce fs primary to other Insurance that Is available to such person or organization which covers that person or RP10021021 C 2021 The Travelers Indemnity Company. All rights reserved. Page8of10 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 I I IJ i I B II OfKllnlzation as a named insured, and we will not $hare wlth that other Insurance, provided that the • • "bodlty Injury", "property dsmage11 or •pollution dean-up costs" for which coveraee fs soU&ht result from •po1rut1on condftlons" that commence after the wrftten contract or agreement was sf&ned by the •named insured". (3) When this insurance is excess1 we will have no duty to defend the "Insured" agaJn5t any "daimP ff any provider of other Insurance has a duty to defend the •msurec:t• apJnst that •ctalm". But we wln have the right to associate In the defense and control of any •dafm" that we reasonably ~ Is IQcely to Involve thb iJl5Uf'ance, If no prOYJder of other Insurance defends any "daJm• for •Joss• to wtlJch this Insurance apphes, we will undertake to do so, but we will be entitled to the "tnsured's'' rights aplnst al those providers of other Insurance. ' (4)Whera this Insurance Is excess, we will pay onry our share of tile amount of the loss, if any, that exceeds the sum of. (a) The total amount that all such other Insurance wo11Td pay for the lcJ55 in the absence of this Insurance: and (b)The total of all deductible and setf...insured amounts under all such other Insurance. SECTION IV -DEFINmONS t. .,Appllc:ab1e Retroactive Date For Contractors Pollution UablJlty Coverage" means: a. The Retroactive Date For Contractors Pollution l.lablflty Coverace stated In the Tn:11,elers ECP Custom Dedarat:ions, .except when Parqraph b., c., cL, e. or f. betow appfles. Paragraph b., c., d-. e. or f. below applies only If coverage for the "loss" described In that paragraph Is Included In this form and the retroactive date described in that paragraph is stat1U:t In the Travelers ECP Custom Oedarations. If no Retroactive Date For Contractors PoUutfon t.tablllty Co\'etage ts stmd In the Travelers ECP CustomDedaratloo~~nretroactiftdate will be deemed to be the first day of the "policy period". POLWTION UABIUTY b. Any Auto Tnmsportat:Jon Pollution Conditions Coutractor.l Pollution lJabmty Retroactive Date stated In the Travelers ECP Custom Dedaratfons If the "pollut:100 conditions-' that caused the "loss" are "auto transportation pollution amditions". c. Any fun&f Or Bacteria Condttlomi Retroactive Date stated In the Travelers ECPCustom Dl!daratlon.s If the "pollution conditions' thllt caused the "loss" are llfunsl or bacteria cond'mons". d. Any Lead Pollution Conditions Retroactive Date stated in the Travelers ECP Custom Declaration., If the "pollutton condJtJons" that caused the "loss" • are "lead pollution c:ondJtkffil•. • e. Any Low-level Radia.ctiYity Pollutlon Conditions Ratroactlve Date st.ated In the Travelers ECP Custom DedaratJons If the "pollution condltfons" that caused the "loss" are ,ow--1eve1 radloaetivlty poUutlo,i condltJOl1$". • , f. Any Slllca Pollution Conditions Retroactfve Date stated In the Travefers ECPCustom Dedaratfons If the "Pollution conditions" that caused the "lo$$" are "silica poUution ccndftlons". ff more than one retroactlve date rn Parqraph b., c., d., e. or f. above apphts, •appllcabte Retroactive Date for Contractors Pollution Uability Coven,p" means the latest of such retroactive dates. 2. "Contractors Pollution lfabtllty Coverap": a. Means Contractcrs Potfutfon Uabifity Coverqe. b. Includes Contractors Pollution liabllty coveraae that Is part of any ponty that provides Contractors Pollution UabUity coverage and any other coverage. 3. "Coverage wrftor)"' means anywhere in the wortd. 4. •flnandal Interest" means the Insurable Interest In a "foreign Insured organization" because of: a. Sole ownershlp of, or majority ownership lnterffl in, such tlforelp Insured organization". either dlrectfy or through one or more Intervening subsldlaf'!es; b. Indemnification of, or an obflptlon tq indemnff'y: RP10021021 C 2021 The Travelers Indemnity Company.All rights reserved. Pap9of10 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 TRAVELERfr'· OD "l'OWBR SQUllE DRTl'ORD C'l' 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)· 001 POLICY NUMBER: UB-08424:440-25-26-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 2. oo % of the California workers' compensation pre- mium. Person or Organization ANY PBRSON OR ORGA!f.[ZATIOH POR WHICX TBB IRS'O'RBD BAS AGR.BBD BY WRI'l"l'BN CONTRACT BXBCOTBD PRIOR TO LOSS TO P'ORHISB DIS WAJ:VBR. Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company DATE OF ISSUE: 03-20-25 ST ASSIGN: Page 1 of 1 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 ~ TRAVELERSJ , WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC 04 06 01 ( B) POLICY NUMBER: UB-0S424440-25-26-G CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancelation: 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Material failure to comply with federal or state safety orders or written recommendations of our designated loss control representatives; h. The occurrence of a material change in the ownership of your business; i. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; j. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; k. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (k), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. Form WC 04 06 01 ( B) DATE OF ISSUE: 03-20-25 ST ASSIGN: Page 1 of 2 Docusign Envelope ID: 7F876159-9448-4104-BE46-32882BC51226 ~ TRAVELERSJ • ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 06 01 ( B) POLICY NUMBER: UB-0S424440-25-26-G 4. If we mail the notice to you, the stated periods of notice and your right to remedy the condition will be extended by 5 days if the place of mailing and your mailing address is within California, 10 days if the place of mailing or your mailing address is outside of California and 20 days if the place of mailing or your mailing address is outside of the United States. 5. The policy period will end on the day and hour stated in the cancelation notice. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company Form WC 04 06 01 ( B) DATE OF ISSUE: 03-20-25 Policy No. Endorsement No. Premium$ Countersigned by __________________ _ ST ASSIGN: Page 2 of 2